HRSHM.GOV.xx. .DCCRs · Rosehill Meadow Community, Association, Inc.

Pages 1–2

RP-2021-396093 RP-2021-396093 07/14/2021 ER $262.00 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ROSEHILL MEADOW After Recording Return To: Casson Wen Isabella Vickers Roberts Markel Weinberg Butler Hailey PC 2800 Post Oak Blvd., 57th Floor Houston, Texas 77056 Copyright © 2021 by Roberts Markel Weinberg Butler Hailey PC, all rights reserved. This Declaration may be used only in connection with Rosehill Meadow and the operation of the Rosehill Meadow Community Association, Inc.

RP-2021-396093 TABLE OF CONTENTS ARTICLE I.

DEFINITION OF TERMS.

ARTICLE II.

PURPOSE AND INTENT.

ARTICLE III.

PROPERTY SUBJECT TO RESTRICTIONS A.

PROPERTY INITIALLY ENCUMBERED.

6 10 10 10 10 10 C.

ANNEXATION OF ADDITIONAL PROPERTY.

DEANNEXATION OF PROPERTY.

ARTICLE IV. ASSOCIATION MEMBERSHIP, VOTING RIGHTS, AND BOARD OF DIRECTORS 11 A. ELIGIBILITY.

MEMBERSHIP C.

VOTING RIGHTS.

D. VOTING PROCEDURES.

E. RIGHT TO APPOINT/ELECT BOARD OF DIRECTORS.

ARTICLE V.

EFFECTIVE DATE OF DECLARATION.

11 11 11 12 13 13 N.

PARKING 0.

PLAY STRUCTURES.

SCREENING..

Q. SIGNS R.

SWIMMING POOLS/SPAS.

TREE REMOVAL.

WINDOW AIR CONDITIONING UNITS ARTICLE VI. USE RESTRICTIONS A. SINGLE FAMILY RESIDENTIAL USE PERMITTED; LEASING.

NON-PERMITTED USES B.

C. ANIMALS AND PETS.

D. ANTENNAS E.

BASKETBALL GOALS AND BACKBOARDS F. DRILLING G.

EXTERIOR SEASONAL DECORATIONS H. FLAGS AND FLAGPOLES.

ARCDDEGUNDORSE GENERAL NUISANCES.

GENERATORS K. MONUMENTS AND FENCES L.

OUTBUILDINGS.

M. OUTSIDE STORAGE AND TRASH COLLECTION 13 13 15 16 .16 17 17 17 17 .17 18 19 21 .21 22 .23 .24 .24 26 .26 26 U.

WIND TURBINES 26 V.

WINDOW TREATMENTS...

.26 ARTICLE VII. COMMON AREA AND AREA OF COMMON RESPONSIBILITY.

27 ARTICLE VIII. NOTICES AND EASEMENTS.

28 ARCADE A.

Pages 2–3

7 18 19 21 .21 22 .23 .24 .24 26 .26 26 U.

WIND TURBINES 26 V.

WINDOW TREATMENTS...

.26 ARTICLE VII. COMMON AREA AND AREA OF COMMON RESPONSIBILITY.

27 ARTICLE VIII. NOTICES AND EASEMENTS.

28 ARCADE A.

EASEMENTS FOR GREEN BELT, POND MAINTENANCE, FLOOD WATER AND OTHER LANDSCAPE RESERVES 28 B.

NATURAL CONDITIONS 29 C.

EASEMENTS TO SERVE ADDITIONAL PROPERTY.

30 E.

D. UTILITIES AND GENERAL.

COMMERCIAL USES..

E RP-2021-396093 G.

SURROUNDING USES H. RESTRICTED RESERVES.

33 33 J. ADJACENT LAND...

RECLAIMED WATER K.

CERTAIN EASEMENTS AND OTHER ITEMS L.

SPRING CREEK AND HOLLY CREEK.

TREATMENT PLANT.

.34 .34 35 .35 36 A.

RIGHT-OF-WAY AREA ARTICLE IX. DEED RESTRICTION ENFORCEMENT AUTHORITY TO PROMULGATE RULES, POLICIES, AND GUIDELINES.

B. ATTORNEY'S FEES AND FINES .36 37 37 .37 C.

REMEDIES.

ENFORCEMENT BY OWNERS E.

SELF HELP .37 .38 38 A.

MAINTENANCE ......

GENERAL MAINTENANCE..

ARTICLE X.

ARCHITECTURAL RESTRICTIONS.

ARCHITECTURAL REVIEW COMMITTEE - "ARC" ARC APPROVAL REQUIRED BUILDING SETBACKS LANDSCAPING GRADING AND DRAINAGE..

TEMPORARY STRUCTURES GARAGES H. SQUARE FOOTAGE REQUIREMENTS.

ARTICLE XI.

39 .39 40 42 .43 43 43 .44 44 44 44 LANDSCAPING....

DWELLING AND IMPROVEMENT EXTERIORS.

OTHER HAZARDS LIABILITY, COST AND APPROVAL F. CASUALTY LOSSES.

45 .45 .45 45 .46 ARTICLE XII.

VARIANCES.

46 B.

ARTICLE XIII. LIMITATION OF LIABILITY ARTICLE XIV. ASSESSMENTS.

A. CREATION OF THE LIEN AND PERSONAL OBLIGATION OF ASSESSMENTS.

ANNUAL ASSESSMENTS.

1. Purpose 47 47 .47 48 .48 2.

Creation 3.

Rate 4.

48 48 Commencement.

5. Proration 49 49 CDEEG 6.

Levying of the Assessment..

49 CAPITALIZATION FEE..

SPECIAL ASSESSMENT.

Pages 3–5

TS.

ANNUAL ASSESSMENTS.

1. Purpose 47 47 .47 48 .48 2.

Creation 3.

Rate 4.

48 48 Commencement.

5. Proration 49 49 CDEEG 6.

Levying of the Assessment..

49 CAPITALIZATION FEE..

SPECIAL ASSESSMENT.

E. COLLECTION AND REMEDIES FOR ASSESSMENTS..

.50 .50 51 F.

SUBORDINATION OF THE LIEN TO PURCHASE MONEY MORTGAGES .52 G. NOTICE OF DELINQUENCY .53 ARTICLE XV.

MODIFICATION AND TERMINATION OF COVENANTS.

iii RP-2021-396093 A.

AMENDMENT BY DECLARANT B. AMENDMENT BY OWNERS.

ARTICLE XVI. ALTERNATE DISPUTE RESOLUTION.

DISPUTE RESOLUTION.

B. OUTSIDE MEDIATOR ABCDE MEDIATION IS NOT A WAIVER.

ASSESSMENT COLLECTION AND LIEN FORECLOSURE C.

TERM ARTICLE XVII. GENERAL PROVISIONS..

SEVERABILITY.

COMPLIANCE WITH LAWS.

FINES FOR VIOLATIONS G. BOOKS AND RECORDS.

NOTICES MERGERS.

ARCDEEMMODOR A.

GENDER AND NUMBER.

HEADLINES E.

GOVERNING LAW.

CURRENT ADDRESS AND OCCUPANTS SECURITY.

L. VIEW IMPAIRMENT.

M. VIDEO, DATA AND COMMUNICATION SERVICE AGREEMENTS.

OCCUPANTS BOUND..

0. TRANSFER OF TITLE AND RESALE CERTIFICATE .

TRADEMARK Q. WATER MANAGEMENT..

MASTER PLAN..

.53 54 55 55 .55 .55 .56 .56 56 56 56 .56 .56 56 57 .57 .57 57 .57 .57 .58 58 .59 .59 .59 .60 .60 RP-2021-396093 STATE OF TEXAS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ROSEHILL MEADOW COUNTY OF HARRIS со сосо This Declaration of Covenants, Conditions and Restrictions for Rosehill Meadow, is made on the date hereinafter set forth by DECKER PRAIRIE ROSEHILL DEVELOPMENT LTD., a Texas limited partnership, hereinafter referred to as the "Declarant."

WITNESSETH:

ictions for Rosehill Meadow, is made on the date hereinafter set forth by DECKER PRAIRIE ROSEHILL DEVELOPMENT LTD., a Texas limited partnership, hereinafter referred to as the "Declarant."

WITNESSETH: WHEREAS, Declarant is the owner of certain real property situated in Harris County, Texas platted as Rosehill Meadow Sec 1, a subdivision of 20.8485 acres, and also being out of the John H. Edwards Survey, Abstract 20, according to the map or plat thereof, filed under Film Code No. 695604 (the “Section 1 Plat") in the Map Records of Harris County, Texas (the "Property" and/or "Rosehill Meadow", which term(s) include additional land as same may be annexed into the Property and made subject to this Declaration, as defined hereinafter); and WHEREAS, Declarant desires to develop the Property as a single-family, residential use subdivision, and to provide and adopt a general plan of development including assessments, conditions, covenants, easements, reservations, and restrictions designed to govern the Property, as applicable; and WHEREAS, Declarant has deemed it desirable, for the efficient administration of the amenities in said Property and the enforcement of the Dedicatory Instruments (hereinafter defined), to create an Association (hereinafter defined) to which has been or will be delegated and assigned the authority to administer and enforce these assessments, conditions, covenants, easements, reservations and restrictions, including levying, collecting and disbursing the Assessments (hereinafter defined); and WHEREAS, there has been or will be incorporated one or more non-profit corporations created under the laws of the State of Texas, including the first being the Rosehill Meadow Community Association, Inc. Declarant is hereby authorized to

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corporated one or more non-profit corporations created under the laws of the State of Texas, including the first being the Rosehill Meadow Community Association, Inc. Declarant is hereby authorized to incorporate one or more entities to provide the functions of the Association. The directors of which Association either have or will establish certain Bylaws by which the Association will be governed through its Board of Directors, for the purpose of exercising the functions aforesaid and any other duties as set out in the Bylaws and/or other Dedicatory Instruments (hereinafter defined).

NOW, THEREFORE, Declarant hereby declares that the Property is subject to the jurisdiction of the Association and will be developed, improved, sold, used and enjoyed in accordance with, and subject to the following plan of development, including the applicable Assessments, conditions, covenants, easements, reservations, and restrictions hereinafter set forth, all of which are hereby adopted for, and placed upon said Property and are covenants running with the land, binding on all parties, now and at any time hereinafter Copyright © 2021 by Roberts Markel Weinberg Butler Hailey PC, all rights reserved.

5 RP-2021-396093 having or claiming any right, title or interest in the Property or any part thereof, their heirs, executors, administrators, successors and assigns, regardless of the source of, or the manner in which any such right, title or interest is or may be acquired, and will inure to the benefit of each Owner of any part of the Property.

The Property is subject to this Declaration, which may be amended and/or supplemented from time to time. Additionally, the Property is subject to the Dedicatory Instruments. If any conflict exists between all or any portion of the Declaration and any

may be amended and/or supplemented from time to time. Additionally, the Property is subject to the Dedicatory Instruments. If any conflict exists between all or any portion of the Declaration and any Dedicatory Instrument, the more restrictive provision will control. Notwithstanding the foregoing, in the event of a conflict between a Dedicatory Instrument and any amendment thereto, the amendment will control.

ARTICLE I.

DEFINITION OF TERMS The following words when used herein will have the following meanings when capitalized (unless the context requires otherwise and then the term is not capitalized): A.

"ARC" means the Architectural Review Committee established for the Property as set forth in this Declaration.

assume "Area of Common Responsibility" means all of the properties and facilities for which the Association may have responsibility under the Dedicatory Instruments, or for which the Association otherwise agrees to responsibility, regardless of who owns them. The Area of Common Responsibility includes all of the Common Area and may, by way of illustration and not limitation, also include Lots or portions of Lots and property dedicated to the public, such as public rights-of-way.

"Assessment” means the assessments levied against all Lots pursuant to this Declaration, a Supplemental Amendment or other Dedicatory Instrument for the purposes set out herein/therein or any other charge authorized by this Declaration or other Dedicatory Instrument.

"Association" means one or more non-profit corporations, including its successors, assigns, or replacements, created under the laws of the State of Texas, with the first being the Rosehill Meadow Community Association, Inc.

Declarant is hereby authorized to incorporate one or more entities to provide the

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ts, created under the laws of the State of Texas, with the first being the Rosehill Meadow Community Association, Inc.

Declarant is hereby authorized to incorporate one or more entities to provide the functions of the Association. No more than one such non-profit corporation will be in existence at any one time, provided, however, the formation of a subassociation is permitted. The Association is a Texas non-profit corporation that has jurisdiction over all properties located within the Property, as same may be amended from time to time as additional property is annexed into the Property as allowed under this Declaration. For purposes of clarity, when “Association" is used herein, that term includes the authority, rights, remedies and obligations of the nonprofit corporation, and the authority of the Board, as defined herein, to carry out the authority, rights, remedies and obligations of the Association.

"Board" means the Board of Directors of the Association as provided within the Bylaws.

6 RP-2021-396093 F.

"Builder" means an individual or entity that purchases a single or multiple Lots from the Declarant or its affiliates for the purpose of constructing Dwellings thereon, which Dwellings will be offered for sale to purchasers. “Builder” does not include an individual or entity constructing additions onto a Dwelling already in existence, performing repairs or maintenance or re-constructing or replacing a Dwelling after demolition or destruction, either partial or complete.

"Bylaws” mean the Bylaws of the Association, as they may be amended from time to time.

"Common Area" means all real property owned in fee or held in easement, lease,

ction, either partial or complete.

"Bylaws” mean the Bylaws of the Association, as they may be amended from time to time.

"Common Area" means all real property owned in fee or held in easement, lease, or license by the Association and any improvements thereon, including real property in which it otherwise holds possessory or use rights, for the common use and/or enjoyment of the Owners and includes areas designated by the Declarant to be conveyed by deed or easement to the Association.

"Community Wide Standard" means the standard of conduct, maintenance, or other activity generally prevailing throughout the Property. Such standards may be defined in the Guidelines or rules and regulations. Such standards may be specifically determined, and modified, by the Board, with the approval of Declarant during the Development Period.

"Declarant" means DECKER PRAIRIE ROSEHILL DEVELOPMENT LTD., a Texas limited partnership, its successors and assigns as same is required to be evidenced by a written instrument recorded in the Official Public Records of Harris County, Texas.

"Declaration" means this Declaration of Covenants, Conditions, and Restrictions for Rosehill Meadow, which encumbers the Property, and any other property brought under the control of this Declaration, or any Supplemental Amendment, Annexation Agreement and/or amendment thereto.

"Dedicatory Instruments" means each document governing the establishment, maintenance and operation of the Property, including but not limited to this Declaration, the Bylaws, the Certificate of Formation, and similar instruments governing the administration or operation of the Association, as well as any and all rules, Guidelines and policies, and any supplements or amendments to such documents, enforceable by the Association.

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overning the administration or operation of the Association, as well as any and all rules, Guidelines and policies, and any supplements or amendments to such documents, enforceable by the Association.

"Deed Restriction Violation" means any damage that an Owner or Occupant has caused to the Common Area or a condition on a Lot or an improvement located upon a Lot that does not comply with the terms and conditions of the Dedicatory Instruments covering the appearance, establishment, maintenance, and operation of the Property. Failure to pay all amounts due and owing on a Lot, or failure to comply with any terms and conditions of a Dedicatory Instrument, will also be considered a Deed Restriction Violation.

RP-2021-396093 N.

"Development Period" means the period of time that Declarant reserves the right to facilitate the development, construction and marketing of the Property or the right to direct the size, shape and composition of the Property, which retained rights are vested in Declarant until Declarant no longer owns any portion of the Property or such time as Declarant assigns or relinquishes all of its retained rights created herein and/or in any other Dedicatory Instrument. In the event the Development Period terminates pursuant to the above provisions, and thereafter Declarant becomes record owner of any portion of the Property, the Development Period will be restored until it again terminates as specified hereinabove.

"Dwelling" means a main residential structure constructed on a Lot or Homesite intended for single-family residential use.

"Guidelines" means general, architectural, design, and/or builder guidelines, and

lling" means a main residential structure constructed on a Lot or Homesite intended for single-family residential use.

"Guidelines" means general, architectural, design, and/or builder guidelines, and application and review procedures, if any, that may set forth various standards relating to exterior harmony of any and all improvements placed upon or constructed on any Lot and/or construction types and aesthetics. There is no limitation on the scope of amendments to the Guidelines, and such amendments may remove requirements previously imposed or otherwise make the Guidelines less restrictive. Guidelines are enforceable by the Board.

"Hardscape" includes, but is not limited to, such items as rocks, landscape timbers, railroad ties, fountains, statuary, sculptures, terracing materials, lawn swings, and yard art.

"Homesite" means one or more Lots upon which a single-family Dwelling may be erected subject to this Declaration.

“Lot” means a parcel of Property defined as one Lot by the Section 1 Plat (or applicable plat if and as future sections are annexed into the Property) and/or any replat thereof recorded in the Official Public Records of Harris County, Texas, and encumbered by this Declaration, and restricted to single-family residential use. Homesites may be comprised of more than one Lot, and each such Lot will be subject to the rights and duties of membership in the Association. There will be an Assessment due for each Lot owned as defined by the then-plat of record, subject to the limitations herein. No Lot may be further subdivided and separated into smaller Lots, and no portion less than all of any Lot will be transferred or conveyed. Notwithstanding anything contained herein to the contrary, this definition does not include any Lot for so long as it is being

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and no portion less than all of any Lot will be transferred or conveyed. Notwithstanding anything contained herein to the contrary, this definition does not include any Lot for so long as it is being used by Declarant as a model home Lot and/or a sales information center.

"Member" means an Owner, as defined in this Article, subject to the provisions set forth in this Declaration. Private utility providers serving the Property shall not be a Member for purposes of this Declaration.

"Member in Good Standing" means Declarant and a Member (a) who is not delinquent in the payment of any Assessment against the Member's Lot or any interest, late charges, costs or reasonable attorney's fees added to such Copyright © 2021 by Roberts Markel Weinberg Butler Hailey PC, all rights reserved.

8 RP-2021-396093 V.

☑ X.

AA.

BB.

Assessment under the provisions of the Dedicatory Instruments or as provided by law, (b) who is not delinquent in payments made pursuant to a payment plan for Assessments, (c) who has not caused damage to the Common Area, (d) who does not have any condition on his Lot which violates any Dedicatory Instrument which has progressed to the stage of a written notice to the Owner of the Owner's right to request a hearing to be held by the Association or its designated committee, or beyond, and which remains unresolved as of the date of determination of the Member's standing, (e) who has not failed to pay any fine levied against the Member and/or the Member's Lot pursuant to the Dedicatory Instruments, and (f) who has not failed to comply with all terms of a judgment obtained against the Member by the Association, including the payment of all sums due the Association by virtue of such judgment. If one Occupant of a

not failed to comply with all terms of a judgment obtained against the Member by the Association, including the payment of all sums due the Association by virtue of such judgment. If one Occupant of a particular Dwelling does not qualify as a Member in Good Standing, then no Occupant of such Dwelling will be considered a Member in Good Standing.

Additionally, if an Owner of multiple Lots does not qualify as a Member in Good Standing as to one Lot, then such Owner will not qualify as a Member in Good Standing as to all Lots owned by the Owner.

"Occupant" means Owners, residents, tenants, lessees, guests, or invitees of any Lot or Dwelling within the Property for any period of time.

"Outbuildings" means structures such as (by way of example and not limitation) storage building(s), shed(s), greenhouse(s), gazebo(s) or shade trellis(es).

"Owner" means an owner of any portion of the Property. Special purpose districts (by way of example, and not limitation, management districts owning one of more reserves within the Property) and persons or entities holding title only as a lienholder shall not be an Owner for purposes of this Declaration.

"Property," and/or "Rosehill Meadow" means the Rosehill Meadow subdivision located in Harris County, Texas. As of the date of this Declaration, the Property is more particularly described on the Section 1 Plat. The Property may be supplemented as additional land is annexed into the Property by the recording of an Annexation Agreement or Supplemental Amendment.

"Public View" means a condition, structure, item or improvement located on a Lot that is openly visible from or by (i) an individual standing at ground level of at least one neighboring Lot (such neighboring Lot does not have to be adjoining

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e, item or improvement located on a Lot that is openly visible from or by (i) an individual standing at ground level of at least one neighboring Lot (such neighboring Lot does not have to be adjoining the Lot with any such condition, structure, item or improvement), (ii) a Common Area, or (iii) a street.

"Section 1" means that property initially restricted by this Declaration and more particularly described on the Section 1 Plat.

"Supplemental Amendment” or “Annexation Agreement” means an amendment or supplement to this Declaration that subjects additional property to this Declaration and/or imposes, expressly or by reference, additional or different restrictions, assessments and/or obligations on the land described therein. The term also refers to the instrument recorded by Declarant or the Association Copyright © 2021 by Roberts Markel Weinberg Butler Hailey PC, all rights reserved.

9 RP-2021-396093 pursuant to the provisions of this Declaration to subject additional property to this Declaration.

ARTICLE II.

PURPOSE AND INTENT The Property, as initially planned, is intended to be a single-family, residential development that is planned to feature residential uses. This Declaration serves as the means by which design, maintenance and use of the Property, and additional property made a part of the Property, will be established. Declarant reserves the right to change the initial development plan for residential uses to include a mix of both residential and commercial uses within the Rosehill Meadow development.

ARTICLE III.

PROPERTY SUBJECT TO RESTRICTIONS Property Initially Encumbered The Property that is initially encumbered by this Declaration and is therefore a part of Rosehill Meadow is more particularly described on the Section 1 Plat. Owners of the

Pages 10–11

operty Initially Encumbered The Property that is initially encumbered by this Declaration and is therefore a part of Rosehill Meadow is more particularly described on the Section 1 Plat. Owners of the Property are Members of the Association and have executed this Declaration.

Annexation of Additional Property Without the joinder of any other Owners or Members, Declarant reserves the exclusive right for twenty-five (25) years following the recording of this Declaration to annex any additional property into the Property. Such annexation will be accomplished by the execution and filing for record of a Supplemental Amendment or Annexation Agreement setting forth the land being annexed and/or the specific restrictions relating to such property, if different. Any Supplemental Amendment or Annexation Agreement may contain Assessments, covenants, conditions, restrictions and easements which apply only to the real property annexed and/or may create exceptions to, or otherwise modify, the terms of this Declaration as they may apply to the real property being annexed in order to reflect the different or unique character and/or intended use of such real property.

The right of Declarant to annex land under this Section will automatically pass to the Association upon the expiration of the twenty-five (25) year term granted above.

Deannexation of Property During the Development Period, Declarant, without the joinder of any other Owners or Members, may deannex from Rosehill Meadow any property owned by Declarant. During the Development Period, property not owned by Declarant may be deannexed with the prior written consent of Declarant and the Owner thereof.

10 10 RP-2021-396093 ARTICLE IV.

may be deannexed with the prior written consent of Declarant and the Owner thereof.

10 10 RP-2021-396093 ARTICLE IV.

ASSOCIATION MEMBERSHIP, VOTING RIGHTS, AND BOARD OF DIRECTORS A.

Eligibility Eligibility to vote or serve as a director or officer of the Board, after the expiration of the term(s) of the Declarant-appointed directors is predicated upon a person being a Member of the Association. Nothing contained herein creates a fiduciary duty owed by the Board to the Members of the Association.

Membership Declarant and every record Owner will be a Member of the Association, excluding therefrom special purpose districts (by way of example and not limitation, management districts owning one or more reserves within the Property) and persons or entities holding an interest in the land merely as security for the performance of an obligation (such as a mortgagee or holder of any other lien against property), unless that holder of the security interest foreclosed and thereby became the Owner of the Lot(s).

Membership is appurtenant to and runs with the land. Membership is not severable as an individual right and cannot be separately conveyed to any party or entity. Any one (1) Owner shall have no more than one (1) Membership in the Association. All duties and obligations set forth in this Declaration are the responsibility of each Member. No waiver of use of rights of enjoyment created by this Declaration relieves Members or their successors or assigns of such duties or obligations. Mandatory membership begins with the execution of this Declaration and passes with title to the land (regardless of any method of

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Members or their successors or assigns of such duties or obligations. Mandatory membership begins with the execution of this Declaration and passes with title to the land (regardless of any method of conveyance) to any subsequent grantee, successor, or assignee of Members. Members in Good Standing have the right to the use and enjoyment of the Common Area in the Property. Owners who are not Members in Good Standing may be prohibited from utilizing Common Areas in the Property.

Voting Rights The Association will initially have two (2) classes of membership, being Class A Members and Class B Members, as follows: 1.

Class A Membership Class A Members will be all Members with the exception of Class B Members, if any. Each Class A Member's voting rights are based on the number of Lots owned and are determined as follows: One (1) vote is granted to Class A Members for each Lot owned.

Multiple Owners of any single Lot must vote in agreement (under any method they devise among themselves), but in no case will such multiple Owners cast portions of votes. The vote attributable to any single Lot must be voted in the same manner (i.e., all Owners of the Lot for, or all Owners of the Lot against a particular issue) but in no event can there be more than one (1) Class A vote cast per Lot.

11 RP-2021-396093 D.

Class B Membership Class B Members are Declarant and any entity upon which Declarant, in its sole discretion, may confer Class B status in the Association. Declarant is entitled to three (3) times the total number of votes allocated to Class A Members. The Declarant's Class B Membership will terminate upon the earliest to occur of the following:

ciation. Declarant is entitled to three (3) times the total number of votes allocated to Class A Members. The Declarant's Class B Membership will terminate upon the earliest to occur of the following: a. When Declarant no longer owns any real property within the Rosehill Meadow development; or b. Such time as Declarant, in its sole discretion, so determines, provided, however, that Declarant may assign its rights in whole or in part, permanent or temporary, at any time.

Declarant has the continuing right, at any time prior to the termination of Declarant's Class B Membership, without the joinder or consent of any other Owner, entity, lender or other person, to confer Class B status in the Association on any Owner (with such Owner's consent), solely with respect to voting rights and/or Assessments (the "Conferral"). Provided, however, any such Conferral of Class B status does not have to be uniform as to all Class B Members. Declarant will evidence such Conferral of Class B status by filing in the Official Public Records of Harris County, Texas, an instrument specifying the name and address of the party upon which Class B status has been conferred, setting forth a legal description for all of the real property to which such Class B conferral applies, and setting forth the terms of such Conferral. The Class B status so conferred by Declarant will terminate and such Owner will become a Class A Member of the Association, upon the earliest to occur of the following: a.

Termination of Declarant's Class B status in the Association, as provided herein; b.

A material violation by such Class B Member of any terms and conditions of the Conferral which has not been cured after the Class B Member has received notice of such violation and has failed to cure such violation; or C.

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by such Class B Member of any terms and conditions of the Conferral which has not been cured after the Class B Member has received notice of such violation and has failed to cure such violation; or C.

Expiration of the term of the Conferral, if any, provided in the Conferral.

Voting Procedures Class A Members and Class B Members will exercise their votes as set out in the Dedicatory Instruments.

12 12 RP-2021-396093 E.

Right to Appoint/Elect Board of Directors Declarant retains the authority to appoint all members of the Board until not later than the tenth (10th) anniversary of the date this Declaration was recorded in the Official Public Records of Harris County, Texas, at which time one-third (1/3) of the Board members (who must be Members of the Association) must be elected by Owners other than Declarant, as set forth in the Bylaws. After such anniversary, Declarant will retain the authority to appoint the remaining two-thirds (2/3) of the members of the Board until (1) the termination of the Development Period, or (2) the Declarant releases its status as a Class B Member and its authority to appoint members of the Board as evidenced by an instrument recorded in the Official Public Records of Harris County, Texas, whichever occurs first.

Declarant may assign to the Association its authority to appoint some or all (as applicable) members of the Board, with such assignment evidenced by an instrument recorded in the Official Public Records of Harris County, Texas.

Upon termination of Declarant's authority to appoint two-thirds (2/3) of the members of the Board, any remaining Class B Members will be converted to Class A

al Public Records of Harris County, Texas.

Upon termination of Declarant's authority to appoint two-thirds (2/3) of the members of the Board, any remaining Class B Members will be converted to Class A Members and elections will be held to elect the members of the Board (who must be Members of the Association) pursuant to the provisions of the Certificate of Formation and the Bylaws of the Association. In the event Class B Membership terminates pursuant to the above provisions, and thereafter additional property is annexed into the jurisdiction of the Association, which results in Declarant owning property in Rosehill Meadow, only Declarant's Class B Membership will be restored (no other previously designated Class B Membership will be restored), until it again terminates as specified hereinabove.

Notwithstanding anything contained herein to the contrary, Declarant may assign, temporarily or permanently, all or a portion of its rights as Declarant to any person(s).

ARTICLE V.

EFFECTIVE DATE OF DECLARATION This Declaration will be effective as of the date it is recorded in the Official Public Records of Harris County, Texas.

ARTICLE VI.

USE RESTRICTIONS Notwithstanding anything contained herein to the contrary, the provisions of this Article apply only to Lots unless other portions of the Property are specifically included in said provisions. This Article does not apply to a Lot owned by Declarant and/or a Builder during the initial construction of a Dwelling on said Lot.

A. Single Family Residential Use Permitted; Leasing Homesites within the Property may be used exclusively for single family residential use. The term "single family residential use" as used herein refers not only to the

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sidential Use Permitted; Leasing Homesites within the Property may be used exclusively for single family residential use. The term "single family residential use" as used herein refers not only to the architectural design of the Dwelling but also to the permitted number of inhabitants, which is limited to a single family, as defined below. Furthermore, “single family residential use" means the use of and improvement to a Lot with no more than one (1) building designed and used for living, sleeping, cooking, and eating therein. As used herein, the term "single family residential use" specifically prohibits, without limitation, the use of a Lot for a duplex, apartment, multi-family dwelling, accessory dwelling unit, garage apartment or Copyright © 2021 by Roberts Markel Weinberg Butler Hailey PC, all rights reserved.

13 RP-2021-396093 any other apartment or for any multi-family use, vacation rental by Owner, boarding house, "Airbnb", bed and breakfast, any business or activity requiring a Federal Firearms License or for any business, professional or other commercial activity. In no case may a Lot contain more than one (1) Dwelling. No building, improvement, Outbuilding or portion thereof will be constructed for income property or such that Occupants would occupy less than the entire Lot and/or Homesite.

No Dwelling may be occupied by more than one (1) single family. By way of illustration, the following is an example of an approved single family: RESIDENT 1 AND RESIDENT 2 RESIDE IN DWELLING.

Additional approved residents are: a) children of either or both residents; b) no more than a total of 2 parents of the residents; c) one unrelated person; and d) one household employee.

It is permitted for Owners to lease a Dwelling in the Property, so long as Occupants

nts; b) no more than a total of 2 parents of the residents; c) one unrelated person; and d) one household employee.

It is permitted for Owners to lease a Dwelling in the Property, so long as Occupants are leasing the entire land and improvements comprising the Homesite. No fraction or portion of any Dwelling may be leased or rented. “Leasing", for purposes of this Declaration, is defined as occupancy of a Dwelling for single family residential use by any person other than the Owner, for which the Owner receives any consideration or benefit, including, but not limited to, a fee, service, gratuity, or emolument; provided, however, “leasing”, for purposes of this Declaration, does not include leases such as, by way of illustration and not limitation, "VRBO”, boarding house, “Airbnb”, “Home Away”, party venue rentals, bed and breakfast, or other short-term rental uses and such uses are considered to be a prohibited business use and are therefore strictly prohibited. Leasing a Dwelling for single family residential use will not be considered a "business" (as set forth in detail hereinafter), provided that the Owner and any other Owners with whom such Owner is affiliated do not collectively lease or offer for lease more than one (1) Dwelling at any time. This provision does not preclude the Association or an institutional lender from leasing a Dwelling upon taking title following foreclosure of its security interest in the Dwelling or upon acceptance of a deed in lieu of foreclosure.

All leases must be in writing and will contain such terms as the Board may prescribe from time to time. All leases will provide that they may be terminated in the event of a violation of the Declaration or the Dedicatory Instruments by an Occupant or

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h terms as the Board may prescribe from time to time. All leases will provide that they may be terminated in the event of a violation of the Declaration or the Dedicatory Instruments by an Occupant or Occupant's family, and the Board, in its sole discretion, may require termination by the Owner and eviction of the Occupant in such event. Rental or lease of the Lot and Dwelling will not relieve the Owner from compliance with this Declaration or the Dedicatory Instruments. No Lot shall be leased for a term of less than six (6) full consecutive calendar months to the same lessee, nor shall any lease be for less than the entire Lot. Provided, however, the Board may adopt rules that require a longer minimum lease term than that set forth in this Declaration and any such term will control over the minimum term set forth herein and shall not be considered a conflict with this Declaration. Single family Copyright © 2021 by Roberts Markel Weinberg Butler Hailey PC, all rights reserved.

14 RP-2021-396093 residential use does not include a lease to tenants temporarily (less than six (6) months) or where the tenants do not intend to make the Lot and Dwelling their primary residence. An Owner who leases his or her Lot shall be deemed to have assigned to the lessee for the period of the lease all of the Owner's rights to use the Common Areas and amenities located thereon.

It is not the intent of this provision to exclude from a Lot any individual who is authorized to so remain by any state or federal law. If it is found that this provision is in violation of any law, then this provision will be interpreted to be as restrictive as possible to preserve as much of the original provision as allowed by law.

Non-Permitted Uses 1.

provision is in violation of any law, then this provision will be interpreted to be as restrictive as possible to preserve as much of the original provision as allowed by law.

Non-Permitted Uses 1.

No trade or business may be conducted in or from any Dwelling, Lot or Homesite, except such use within a Dwelling where (a) the existence or operation of the business activity is not apparent or detectable by sight, sound or smell from outside the Dwelling; (b) the business activity conforms to all governmental requirements and other Dedicatory Instruments applicable to the Property; (c) the business activity does not involve visitation to the Dwelling or Homesite by clients, customers, suppliers or other business invitees or door-to-door solicitation of Occupants of the Property; and (d) the business activity is consistent with the residential character and use of the Property, does not constitute a nuisance or a hazardous or offensive use, and does not threaten the security or safety of other residents of the Property, as may be determined in the sole discretion of the Board.

The uses set out in this Section 1 (a) through (d) are referred to singularly or collectively as an “Incidental Business Use.” At no time may an Incidental Business Use cause increased parking or traffic within the Property. Any increased parking or traffic within the Property as a result of an Incidental Business Use will be deemed to be a Deed Restriction Violation. By way of illustration and not limitation, a daycare facility, home day-care facility, any business or activity requiring a Federal Firearms License, church, nursery, pre-school, beauty parlor, barber shop, spa service, "VRBO", boarding house, “Airbnb", "Home Away", backyard rental,

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ty, any business or activity requiring a Federal Firearms License, church, nursery, pre-school, beauty parlor, barber shop, spa service, "VRBO", boarding house, “Airbnb", "Home Away", backyard rental, swimming pool rental, "Swimply", party venue rental, pet boarding service, or bed and breakfast are expressly prohibited and are not considered to be an Incidental Business Use.

The terms "business" and "trade”, as used in this provision, are construed to have their ordinary, generally accepted meanings and include, without limitation, any occupation, work or activity undertaken on an ongoing basis that involves the manufacture or provision of goods or services for or to persons other than the Occupant's family, regardless of whether: (i) such activity is engaged in full or parttime; (ii) such activity is intended to or does not generate a profit; or (iii) a license is required therefor. This Section does not apply to any activity conducted by Declarant, or by a Builder with approval of Declarant, with respect to its development and sale of the Property. Garage sales, attic sales, moving sales, or yard sales (or any similar vending of merchandise) conducted on any Homesite separate from an Associated-directed community-wide garage sale will be considered business activity and therefore prohibited. The Association may, but is not required to, adopt rules and regulations regarding such community-wide garage sales.

15 RP-2021-396093 C.

Notwithstanding anything contained herein to the contrary, estate sales are expressly prohibited.

2. No livestock, domestic or wild animals, or plants or crops may be raised on any Homesite, Lot, or any portion of the Property for the purpose of

the contrary, estate sales are expressly prohibited.

2. No livestock, domestic or wild animals, or plants or crops may be raised on any Homesite, Lot, or any portion of the Property for the purpose of breeding or selling same, whether for profit or not. Exchange of such animals, plants or produce for anything of value to the seller will constitute a sale of the merchandise and therefore prohibited under this provision.

Animals and Pets No animals or livestock, including swine or poultry of any kind, shall be raised, bred, or kept on any portion of the Property, except that dogs, cats, or other usual and common household pets, not to exceed a total of three (3) pets, may be permitted in or on a Homesite or in a Dwelling. The foregoing limitation on number of pets shall not apply to constantly caged small pets, such as hamsters, small birds, fish or other similar common household pets kept inside the Dwelling, nor shall it apply to require the removal of any litter born to a permitted pet prior to the time that the animals in such litter are three (3) months old. No animals or pets may be kept, bred, or maintained for any commercial purpose. No pets are permitted to roam free outside the fenced area of the Lot. Whenever they are outside a Dwelling and/or the fenced portion of a Lot, dogs and cats must at all times be confined on a leash which must be held by a responsible person.

Antennas No exterior antenna, aerial, satellite dish, or other apparatus for the reception of television, radio, satellite or other signals of any kind may be placed, erected, or maintained on a Lot if visible from Public View, unless it is impossible to receive an acceptable quality signal from any other location. In that event, the receiving device may be placed in the least

maintained on a Lot if visible from Public View, unless it is impossible to receive an acceptable quality signal from any other location. In that event, the receiving device may be placed in the least visible location where reception of an acceptable quality signal may be received. The Board may require painting or screening of the receiving device if painting or screening does not substantially interfere with an acceptable quality signal. In no event are the following devices permitted: (i) satellite dishes, which are larger than one (1) meter in diameter; (ii) broadcast antenna masts, which exceed the height of the center ridge of the roofline; and (iii) MMDS antenna masts, which exceed the height of twelve feet (12') above the center ridge of the roofline. No exterior antenna, aerial, satellite dish, or other apparatus which transmits television, radio, satellite or other signals of any kind are permitted on a Lot.

This section is intended to comply with the Telecommunications Act of 1996 (the "Act"), as the Act may be amended from time to time, and with FCC regulations promulgated under the Act. This section shall be interpreted to be as restrictive as possible while not violating the Act or FCC regulations. The Board may promulgate Guidelines which further define, restrict or address the placement and screening of receiving devices and masts, provided such Guidelines are in compliance with the Act and applicable FCC regulations.

Declarant and the Association shall have the right, without the obligation, to erect an aerial, satellite dish, or other apparatus (of any size) for a master antenna, cable, or other communication system for the benefit of all or any portion of the Property, should any master system or systems require such exterior apparatus.

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(of any size) for a master antenna, cable, or other communication system for the benefit of all or any portion of the Property, should any master system or systems require such exterior apparatus.

RP-2021-396093 E.

Basketball Goals and Backboards No basketball goal, net and/or backboard may be kept, placed or mounted upon any Lot or kept, placed, attached or mounted to any fence or Dwelling without prior written approval by the ARC. All basketball goals and/or backboards are subject to the Guidelines as to type, location, and hours of use. All basketball goals and/or backboards shall at all times be maintained and kept in good condition. If any basketball goal, net and/or backboard is placed within the Property in violation of this Declaration, the Association or its agents are authorized to exercise their Self Help remedy, as set forth in this Declaration, to bring the Owner's Lot into compliance with this provision.

Drilling No drilling or related operations of any kind shall be permitted upon, under, on or in any Lot, nor shall any wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any Lot, including water wells for potable or non-potable uses. Notwithstanding the foregoing sentence, private water/sewer utility providers serving the entire Property may drill and operate related operations within the Property pursuant to an agreement with Declarant and/or the Association; provided, however, Declarant, the Association and/or the municipal utility district (or other entity owning such land) has the right to drill water wells for non-potable uses upon the Common Area and Area of Common Responsibility

the Association and/or the municipal utility district (or other entity owning such land) has the right to drill water wells for non-potable uses upon the Common Area and Area of Common Responsibility (with any such land owner's approval) for purposes including, but not limited to, irrigation of recreational fields, parks and other open area.

Exterior Seasonal Decorations The display of exterior seasonal decorations including, by way of illustration and not limitation, lights, banners, flags, and wreaths, shall be subject to reasonable rules and regulations, if any, promulgated by the Board. Such rules may address the appearance and length of time of such display. Such display shall be maintained and kept in good condition at all times. If any exterior seasonal decorations are placed, or remain, within the Property in violation of this Declaration or the Dedicatory Instruments, the Board or its agents shall be authorized to exercise their Self Help remedy to bring the Owner's Lot into compliance with this provision.

Flags and Flagpoles The size, number, and placement of flagpoles, and the display of flags within the Property, shall be subject to any applicable Guidelines, rules or policies adopted by the Board. Declarant, by promulgating this Section, is not attempting to violate any local, state or federal law. This Section shall be interpreted to be as restrictive as possible while not violating any laws of the State of Texas and/or the United States of America.

General Nuisances No portion of the Property shall be used, in whole or in part, for the storage of any property or thing that will cause it to appear to be in an unclean or untidy condition or that will be obnoxious to the eye; nor shall any substance, thing, animal, or material be kept

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storage of any property or thing that will cause it to appear to be in an unclean or untidy condition or that will be obnoxious to the eye; nor shall any substance, thing, animal, or material be kept upon any portion of the Property that will emit foul or obnoxious odors or that will cause Copyright © 2021 by Roberts Markel Weinberg Butler Hailey PC, all rights reserved.

17 RP-2021-396093 any noise or other condition that will or might disturb the peace, quiet, comfort, or serenity of the Owners and/or Occupants of surrounding Homesites and users of the Common Areas.

No noxious, illegal, or offensive activity shall be carried on upon any portion of the Property, nor shall anything be done thereon tending to cause embarrassment, discomfort, annoyance, or nuisance to any person using any portion of the Property. There shall not be maintained any plants, animals, devices or things of any sort whose activities or existence in any way is noxious, dangerous, unsightly, unpleasant, or of a nature as may diminish or destroy the enjoyment of the Property. No outside burning of wood (except for wood burned in approved outdoor fire pits and fireplaces), leaves, trash, garbage or household refuse shall be permitted within the Property. No speaker, horn, whistle, bell or other sound device, except alarm devices used exclusively for residential monitoring purposes, shall be installed or operated on the Property, unless required by federal, state or local regulation.

The use and discharge of firecrackers and other fireworks is prohibited within the Property.

It shall be the responsibility of each Owner to prevent the development of any unclean, unhealthy, unsightly, or unkempt condition on his or her Lot or Homesite. The

is prohibited within the Property.

It shall be the responsibility of each Owner to prevent the development of any unclean, unhealthy, unsightly, or unkempt condition on his or her Lot or Homesite. The pursuit of hobbies or other visible activities, including specifically, without limiting the generality of the foregoing, the assembly and disassembly of motor vehicles and other mechanical devices, that might tend to cause disorderly, unsightly, or unkempt conditions may not be pursued or undertaken on any part of the Property. Notwithstanding the above, the disassembly and assembly of motor vehicles to perform repair work may be permitted, provided such activities are not conducted on a regular or frequent basis, and are either conducted entirely within an enclosed garage or, if conducted outside, are begun and completed within twelve (12) hours.

Notwithstanding anything contained herein to the contrary, the Association shall have the right, but not the obligation, to enter upon any Common Area, Area of Common Responsibility and/or street right-of-way and remove signs not authorized by the Board in advance, and/or to regulate (including, but not limited to, the prohibition of) street vending and similar non-approved activities that are not in compliance with Texas law.

No portion of the Property shall be used, in whole or in part, in a way that creates a nuisance within the Property. Activities or conditions constituting a nuisance are incapable of exhaustive definition which will fit all cases, but they can include those activities and conditions that endanger life or health, give unreasonable offense to senses, or obstruct reasonable use of property. Those activities or conditions that cause minor and/or

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nclude those activities and conditions that endanger life or health, give unreasonable offense to senses, or obstruct reasonable use of property. Those activities or conditions that cause minor and/or infrequent disturbances resulting from ordinary life activities within a deed restricted community are not intended to constitute a nuisance. Whether such activity or condition constitutes a nuisance will be determined by the Board. The Board may adopt rules or policies to further define what constitutes a nuisance, as warranted.

Generators The size, number, placement, and other characteristics of standby electric generators within the Property shall be subject to any applicable Guidelines, rules or policies adopted by the Board.

RP-2021-396093 K.

Monuments and Fences Declarant and the Association, including their respective designees, are hereby granted an easement to place, maintain and repair a monument or marker within the Property.

Fencing on all Lots within the Property shall be as set forth in the Guidelines or other Dedicatory Instrument and shall be subject to prior written approval by the ARC. In addition, a private utility provider serving the Property shall install fencing on its property and such fencing shall be as set forth in the Guidelines or other Dedicatory Instrument and shall be subject to prior written approval by the ARC. Unless otherwise set forth herein or in another Dedicatory Instrument, Owners shall be responsible for the ongoing maintenance, repair and/or replacement of all fences in existence at the time of their purchase of the Lot. Replacement fences shall be of a similar material and design as

responsible for the ongoing maintenance, repair and/or replacement of all fences in existence at the time of their purchase of the Lot. Replacement fences shall be of a similar material and design as originally constructed. The maintenance of any portion of a fence which lies between Lots ("Shared Fencing") shall be the joint responsibility of the Lot Owners on whose property the fence lies between. Owners are hereby advised that while Shared Fencing is typically installed directly on the shared Lot line, there may be minimal deviations in the location of the Shared Fencing that cause some or all of the Shared Fencing to be located within the platted boundaries of only one Lot. Regardless of these possible deviations, the Shared Fencing will remain the joint responsibility of the Lot Owners on whose Lots the Shared Fencing lies between. In the event an Owner fails to repair, replace or maintain any fence in a manner consistent with the Community Wide Standard in the sole discretion of the Board, the Board may exercise its Self Help remedy pursuant to the terms set forth in this Declaration, and shall have the right, but not the obligation, through its agents, contractors and/or employees to enter such Lot for the repair and/or replacement of such fence after notice to the Owner. Any expense incurred by the Association in effectuating such repair/replacement shall be the responsibility of the Owner(s) having such obligation to maintain, or will be split evenly between adjoining Lot Owners if Shared Fencing is involved, and shall be secured by the continuing lien on the Lot.

Owners are advised that there may be "Community Fences" located upon land adjacent to Lots, including within various reserve areas (all such land is referred to as the

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the continuing lien on the Lot.

Owners are advised that there may be "Community Fences" located upon land adjacent to Lots, including within various reserve areas (all such land is referred to as the "Reserve" or "Reserves”) throughout the Property. In some instances, a Community Fence may be located within the platted boundary of a particular Lot. The Association has sole discretion in determining which fences within the Property are Community Fences. The Community Fences may serve as side or rear fencing to various Lots that are adjacent to such Community Fences (“Adjacent Lot"). The Community Fences will not be owned by Adjacent Lot Owners, and may be owned by the Association or another entity. In instances where a Reserve containing a Community Fence is owned by an entity other than the Association, the Community Fence located therein may be maintained by such entity and/or the Association. In instances where a Reserve containing a Community Fence is owned by the Association, the Community Fence located therein will be owned and maintained by the Association, with such maintenance to be at the Board's sole discretion. There is no requirement that a Community Fence be replaced with the materials as originally constructed, and the replacement Community Fence materials shall be determined at the discretion of the ARC.

19 RP-2021-396093 Where applicable, Adjacent Lot Owners may abut (but not mechanically attach) their fencing to the adjacent Community Fence. Portions of the Reserves located within the fenced area of an Adjacent Lot (the "Community Fence Reserve Area"), if any, shall be made available by the Association or entity owning such Reserve for the benefit and use of

rves located within the fenced area of an Adjacent Lot (the "Community Fence Reserve Area"), if any, shall be made available by the Association or entity owning such Reserve for the benefit and use of the Adjacent Lot Owners, but such Adjacent Lot Owners shall not be vested with title to the Community Fence Reserve Area. Adjacent Lot Owners are not permitted to place or construct, either temporarily or permanently, any structures or improvements within the Community Fence Reserve Area unless the Adjacent Lot Owners have first obtained approval in writing from the ARC. Adjacent Lot Owners shall have the right to use their respective Community Fence Reserve Area subject to the following: Adjacent Lot Owners are not permitted to attach anything, temporarily or permanently, to the Community Fence, including any fencing abutting the Community Fence.

Adjacent Lot Owners shall be required to maintain any landscaping located in the Community Fence Reserve Area, including trimming and spraying for insects.

Adjacent Lot Owners are not permitted to take any action to alter the drainage pattern that has been established for the Community Fence or Community Fence Reserve Area.

Adjacent Lot Owners are not permitted to place or construct, either temporarily or permanently, any structures or improvements within the Community Fence Reserve Area unless the Adjacent Lot Owners have first obtained approval in writing from the Association.

Adjacent Lot Owners shall have the obligation to maintain the Community Fence Reserve Area in a clean and neat condition and in compliance with the Dedicatory Instruments at all times.

The Adjacent Lot Owners and Declarant hereby grant an easement to the Association and to the owner of the Community Fence, as applicable, over and across each

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the Dedicatory Instruments at all times.

The Adjacent Lot Owners and Declarant hereby grant an easement to the Association and to the owner of the Community Fence, as applicable, over and across each Adjacent Lot to the extent necessary for the construction, maintenance, reconstruction, and inspection of the Community Fence and inspection of the Community Fence Reserve Area.

Declarant hereby reserves unto itself an easement over and across each Adjacent Lot to the extent necessary for the construction, maintenance, reconstruction, and inspection of the Community Fence and inspection of the Community Fence Reserve Area. Declarant, the Association and/or the owner of the Community Fence, as applicable, shall give the Adjacent Lot Owners at least twenty-four (24) hours written notice prior to exercising their right of entry as set out herein. Notwithstanding anything contained herein to the contrary, written notice of Declarant's, the Association's and/or the owner of the Community Fence, as applicable, intent to enter upon the Adjacent Lot shall not be required in the event of an emergency. Adjacent Lot Owners hereby agree to hold harmless Declarant and the Association, including their respective directors, officers, agents, successors and assigns, and release them from any liability for the placement of, construction, design, repair, maintenance and replacement of Community Fences and Community Fence Reserve Areas, and agree to indemnify the parties released from any damages they may sustain. Owners further grant an easement to Declarant and the Association for any incidental noise, Copyright © 2021 by Roberts Markel Weinberg Butler Hailey PC, all rights reserved.

20 20 RP-2021-396093

20 20 RP-2021-396093 lighting, odors, parking and/or traffic, which may occur due to the existence, installation, maintenance, repair, and/or replacement of Community Fences and Community Fence Reserve Areas.

The Association's maintenance obligation of the Community Fences extends only to normal wear and tear of such fencing. Any damage caused to a Community Fence by an Owner or Occupant that is beyond normal wear and tear will be repaired by the Association or the owner of the Community Fence, as applicable, at the Lot Owner's expense. The Board has the sole discretion to determine what constitutes normal wear and tear. In exercising its obligations set forth herein, the Association shall not be subject to any liability for trespass, other tort or damages in connection with or arising from such exercise of its obligations set forth herein, nor in any way shall the Association and the ARC, or their agents, be liable for any accounting or other claim for such action. Further, in exercising its obligations set forth herein, the Association is not liable for any loss or damage to landscaping (soft or hardscape) that encroaches upon a Community Fence and/or any existing materials that are affixed to the Community Fence in violation of this provision, including but not limited to any Owner fencing that is connected to a Community Fence and any Owner's decorations or other personal items.

Community Fences have been or will be constructed on or adjacent to those portions of the following Lots which are more particularly described on the Section 1 Plat: Lots 1-3,

ther personal items.

Community Fences have been or will be constructed on or adjacent to those portions of the following Lots which are more particularly described on the Section 1 Plat: Lots 1-3, Block 1, common to Restricted Reserve "A"; Lot 34, Block 3, common to Restricted Reserve "B"; Lots 1 – 14, Block 4, common to Restricted Reserve "C"; Lots 1 – 23, Block 5, common to Restricted Reserves “D” and “E”; and Lots 1 – 3, 4 – 8, and 11 13, Block 6, common to Restricted Reserve "F". Such Lots shall be considered Adjacent Lots and shall be subject to the provisions hereinabove pertaining to Community Fences. Declarant, the Association and/or the owner of the Community Fences, as applicable, have an easement on such Adjacent Lots for the installation, maintenance, repair and/or replacement of the Community Fences, as more particularly described herein. Save and except the fencing noted in this paragraph, all other fencing located upon the Lots within Rosehill Meadow shall be installed, maintained, repaired and replaced in accordance with the Dedicatory Instruments.

Outbuildings Outbuildings shall not be constructed or placed on a Lot within the Property without the prior written approval of the ARC. Reasonable Guidelines may be established from time to time addressing factors including, but not limited to, the appearance, type, size, quality and location of Outbuildings on a Lot.

M. Outside Storage and Trash Collection No equipment, machinery, or materials of any kind or nature shall be stored on any Homesite forward of the fence at the front wall of the Dwelling situated thereon, unless the equipment, machinery or materials are being used temporarily (not more than one (1) week) and are incident to the repair or construction of the Dwelling or Homesite. All

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g situated thereon, unless the equipment, machinery or materials are being used temporarily (not more than one (1) week) and are incident to the repair or construction of the Dwelling or Homesite. All equipment, machinery, and materials shall be properly stored out of sight of every other Homesite immediately after use of such item, and all trash, debris, excess, or unused Copyright © 2021 by Roberts Markel Weinberg Butler Hailey PC, all rights reserved.

21 RP-2021-396093 materials or supplies shall likewise be disposed of immediately off of the Homesite or stored out of view until trash collection occurs.

Trash may only be placed outside for collection the evening before collection. Such trash must be contained in trashcans to protect from animals or spillage and trashcans must be removed from Public View the same evening of collection. No outdoor incinerators shall be kept or maintained on any Lot.

Notwithstanding the foregoing, the outside storage of equipment, machinery, materials and trash receptacles on a Lot that is associated with the construction of a Dwelling by a Builder is permitted during the time of construction of the Dwelling.

Parking Parking restrictions specific to certain sections of the Property that are serviced by private streets, if any, may be set forth in the applicable Supplemental Amendments for such sections or other Dedicatory Instrument. The following provisions apply to all Lots located within the Property that are serviced by public streets: 1.

Permitted Vehicles: "Permitted Vehicles" may include, without limitation, passenger automobiles, passenger vans, or pick-up trucks (each of the foregoing having no more than two (2) axles) and motorcycles that: (i) are in operating condition; (ii) are qualified by

Pages 22–23

mitation, passenger automobiles, passenger vans, or pick-up trucks (each of the foregoing having no more than two (2) axles) and motorcycles that: (i) are in operating condition; (ii) are qualified by current vehicle registration and inspection stickers; and (iii) are in regular use as motor vehicles on the streets and highways of the State of Texas. The Board has the sole discretion to determine whether a particular vehicle is a Permitted Vehicle.

Permitted Vehicles may be parked on the driveway of a Lot or inside a garage or enclosure approved by the ARC. Any vehicle that does not satisfy the foregoing requirements must be completely concealed from Public View inside a garage or enclosure approved by the ARC, with the exception of temporary parking of Commercial Vehicles and Recreational Vehicles set forth hereinafter.

Commercial Vehicles: “Commercial Vehicles” may include, without limitation, cars, panel vans and pick-up trucks used in a business enterprise, tow trucks, plumbing service vehicles, vehicles displaying commercial signage, as well as associated machinery, trailers or equipment. The Board has sole discretion to determine whether a particular vehicle, associated machinery, or any signage related thereto is commercial in nature.

Commercial Vehicles may be temporarily parked on the driveway of a Lot for the purposes of construction, repair or maintenance related to a Dwelling or Lot, or for delivery services, but only for the time necessary for such purpose, unless a prior written request is received by the Board and a temporary parking permit has been issued by the Board.

22 22 RP-2021-396093 The parking of any other Commercial Vehicle on a Lot will be permitted only

issued by the Board.

22 22 RP-2021-396093 The parking of any other Commercial Vehicle on a Lot will be permitted only if such commercial vehicle is completely concealed from Public View inside a garage or enclosure approved by the ARC.

Recreational Vehicles: "Recreational Vehicles" may include, without limitation, trailers, motor homes, campers, golf carts, four-wheelers, mini-bikes, go-carts, buses, dirt motorcycles, neighborhood electric vehicles, jet skis and boats. The Board has the sole discretion to determine whether a particular vehicle is a Recreational Vehicle.

One (1) Recreational Vehicle with not more than two (2) axles may be temporarily parked on the driveway of a Lot for up to forty-eight (48) consecutive hours for loading and unloading purposes only, unless a prior written request is received by the Board and a temporary parking permit has been issued by the Board. Recreational Vehicles may be stored on a Lot as long as the recreational vehicle is completely concealed from Public View inside a garage or enclosure approved by the ARC.

Vehicles in General: This subsection applies to all vehicles, including, but not limited to, Permitted Vehicles, Commercial Vehicles and Recreational Vehicles, as same are described in this Section. No vehicle may be parked on a landscaped area on a Lot or Common Area; provided, however, this provision does not apply to vehicles that may be parked on a landscaped Common Area at the direction of the Association, Declarant, or their respective designees. Driveways may not be used to rebuild/repaint vehicles.

Enforcement: Enforcement of the foregoing parking provisions shall be left to the Board's

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sociation, Declarant, or their respective designees. Driveways may not be used to rebuild/repaint vehicles.

Enforcement: Enforcement of the foregoing parking provisions shall be left to the Board's discretion. The Association shall have the right, without the obligation, to enforce the limitations on parking set forth herein or in another Dedicatory Instrument.

Notwithstanding anything contained herein to the contrary, the Board may promulgate additional parking rules regarding items including, but not limited to, the use, maintenance and parking of vehicles on Lots and private streets. The Board has discretion to determine the various types of vehicles that fall within the scope of any such rules. If there is a conflict between this Section and parking rules promulgated by the Board, the parking rules shall control.

Play Structures Play Structures (as defined herein) shall not be constructed or placed on a Lot within the Property without the prior written approval of the ARC. Guidelines may be established from time to time regarding play forts, play houses, swing sets and other recreational equipment ("Play Structures"), taking into account such factors including but not limited to the overall height, size, location and number of Play Structures placed on a Copyright © 2021 by Roberts Markel Weinberg Butler Hailey PC, all rights reserved.

23 RP-2021-396093 Lot. In setting the Guidelines, factors including, but not limited to, the size and configuration of the Lot, the location of the Lot in the community, the location of the Play Structure on the Lot, the type of fencing on the Lot, and the visibility of the Play Structure from streets, other Lots, or the Common Areas may be taken into account.

Screening

ocation of the Play Structure on the Lot, the type of fencing on the Lot, and the visibility of the Play Structure from streets, other Lots, or the Common Areas may be taken into account.

Screening No Owner or Occupant of any portion of the Property shall permit the keeping of articles, goods, materials, utility boxes, refuse, trash, storage tanks, or like equipment on the Property which may be considered a nuisance or hazard in the sole discretion of the Board. Air conditioners, utility boxes, garbage containers, antennas to the extent reasonably possible and pursuant to the terms set forth herein, or like equipment, shall not be kept in Public View and must be placed in a location first approved in writing by the ARC. Added screening must also be provided to shield such stored materials and equipment from grade view from adjacent Dwellings or Common Area. Utility boxes must be screened so that they are not visible from the street and as may be set out in the Guidelines. Screens shall be of a height at least equal to that of the materials or equipment being stored, but in no event shall a screen be more than six feet (6') in height. A combination of trees, hedges, shrubs or fences should be used as screening material, as same may be set out in the Guidelines. All screening designs, locations, and materials are subject to prior written ARC approval. Any such screening installed must be maintained in a clean and neat manner at all times and may not detract from the appearance of the Property.

Signs No sign or emblem of any kind may be kept or placed upon any Lot or mounted, painted or attached to any Dwelling, fence or other improvement upon such Lot so as to be visible from Public View except the following:

Page 25

blem of any kind may be kept or placed upon any Lot or mounted, painted or attached to any Dwelling, fence or other improvement upon such Lot so as to be visible from Public View except the following: 1. For Sale Signs. An Owner may erect one (1) sign on his Lot, not exceeding 2'x3' in area, fastened only to a stake in the ground and extending not more than three feet (3') above the surface of such Lot advertising the property for sale.

Political Signs. Pursuant to Texas Election Code §259.002, or its successor statute, political signs are approved as temporary signage on Lots for all local, state, or federal election purposes, provided that they meet the following criteria: (a) (b) Maximum sign size cannot exceed 4 feet by 6 feet.

Signs must be ground-mounted. No sign can be mounted on any exterior part of the Dwelling, garages, patios, fences or walls.

(c) Signs may be posted not more than 90 days prior to the election date and must be removed within 10 days after the election date.

(d) Signs may not contain roofing material, siding, paving materials, flora, one or more balloons or lights, or any other similar building, landscaping, or nonstandard decorative component.

24 24 RP-2021-396093 (e) No sign can be attached in any way to plant material, a traffic control device, a light, a trailer, a vehicle, or any other existing structure or object.

No sign may involve the painting of architectural surfaces.

(f) (g) No sign may threaten the public health or safety or violate a law.

(h) No sign may contain language, graphics or any display that would be offensive to the ordinary person.

(i) No sign may be accompanied by music or other sounds or by streamers

fety or violate a law.

(h) No sign may contain language, graphics or any display that would be offensive to the ordinary person.

(i) No sign may be accompanied by music or other sounds or by streamers or is otherwise distracting to motorists.

(j) 3.

(k) Political signs are prohibited on any Common Area or facilities owned by the Association, including any public or private street right of way utility easements.

Only one sign per candidate or ballot item shall be allowed.

School Spirit Signs. Signs containing information about one or more students residing in the Dwelling and the school they attend shall be permitted so long as the sign is not more than 36"x36" and is fastened only to a stake in the ground. There may be no more than one (1) sign for each student residing in the Dwelling.

Security Signs/Stickers. Signs or stickers provided to an Owner by a commercial security or alarm company providing service to the Dwelling shall be permitted so long as the sign is not more than 8"x8" or the sticker is no more than 4"x4". There shall be no more than one (1) sign and no more than six (6) stickers located on the windows or doors. Stickers shall also be permitted upon windows and doors for pet notification purposes, a “Child Find” program or a similar program sponsored by a local police and/or local fire department.

All signs and emblems within the Property may be subject to Guidelines.

A Builder and/or Declarant may place certain information and advertising signs on Lots without the prior permission of the ARC, so long as such signs are similar to those listed as acceptable for Builder use in the Guidelines, and so long as such signs do not otherwise violate this Declaration.

If any sign is placed within the Property, including, but not limited to, on the

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d as acceptable for Builder use in the Guidelines, and so long as such signs do not otherwise violate this Declaration.

If any sign is placed within the Property, including, but not limited to, on the streets, street right-of-ways, and Common Areas, in violation of this Declaration or the Dedicatory Instruments, the Board or its agents shall have the right but not the obligation to enter upon any Lot, Homesite, street, street right-of-way, or Common Area to remove and/or dispose of any such sign violation, and in doing so shall not be subject to any liability for trespass, other tort or damages in connection with or arising from such entry, removal and/or disposal nor in any way shall the Association or its agent be liable for any accounting or other claim for such action.

25 RP-2021-396093 Guidelines may be established from time to time addressing the display of signs, including, but not limited to, billboards, posters, school activities, political signs, security signs/stickers and advertising devices within the Property. The right is reserved by Declarant to construct and maintain, or to allow Builders to construct and maintain signs and other advertising devices on land they own and on the Common Area as is customary in connection with the sale of developed tracts and newly constructed residential Dwellings. In addition, Declarant and the Association shall have the right to erect and maintain directional and informational signs along the streets within the Property and identifying signs and monuments at entrances to the Property.

Swimming Pools/Spas No above ground swimming pools are permitted. All swimming pools and spas require prior written approval by the ARC.

Tree Removal

and monuments at entrances to the Property.

Swimming Pools/Spas No above ground swimming pools are permitted. All swimming pools and spas require prior written approval by the ARC.

Tree Removal No trees greater than three (3) caliper inches to be measured at a point six (6) inches above grade shall be removed, except for diseased or dead trees and trees needing to be removed to promote the growth of other trees or for safety reasons, unless approved in writing by the ARC. In the event of an intentional or unintentional violation of this Section, the violator may be required to replace the removed tree with one (1) or more comparable trees of such size and number, and in such locations, as the Board may determine necessary, in its sole discretion, to mitigate the damage.

Window Air Conditioning Units No window or wall type air conditioners shall be permitted to be used, placed or maintained on or in any building on the Lots, with the exception that window or wall type air conditioners shall be permitted for the benefit of a garage if such air conditioning unit is located at the rear of the garage unit and is screened from Public View. All window air conditioning units require prior written ARC approval as set forth herein.

All livings areas within the home, including any room additions, must be centrally air-conditioned, unless otherwise approved by the ARC. Units that are alternatives to centrally air-conditioned units must be screened from Public View and will require prior written ARC approval.

U. Wind Turbines No device used to convert wind into energy, including, by way of illustration and not limitation, wind turbines, wind pumps, wind chargers and windmills, shall be permitted to

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proval.

U. Wind Turbines No device used to convert wind into energy, including, by way of illustration and not limitation, wind turbines, wind pumps, wind chargers and windmills, shall be permitted to be used, placed or maintained in any location within the Property; provided, however, this provision does not apply to Common Areas within the Property. The Board shall have the sole discretion to determine what devices are prohibited pursuant to this provision.

Window Treatments Within three (3) months of occupying a Dwelling on any Homesite, an Owner shall install appropriate window treatments in keeping with the Community Wide Standard.

26 RP-2021-396093 Appropriate window treatments would include, by way of illustration and not limitation, curtains and draperies with backing material of white, light beige, cream, light tan, or light gray; blinds or miniblinds of the same colors or natural wood; and/or shutters of the same colors or natural wood. No other window treatment color may be visible from the exterior of the Dwelling. The Board shall have the sole discretion to determine what window treatments are appropriate.

Expressly prohibited both before and after the initial three (3) months of occupancy are any temporary or disposable coverings not consistent with the Community Wide Standard, such as reflective materials, newspapers, shower curtains, fabric not sewn into finished curtains or draperies, other paper, plastic, cardboard, or other materials not expressly made for or commonly used by the general public for window coverings in a residential subdivision of the same caliber as the Property.

ARTICLE VII.

COMMON AREA AND AREA OF COMMON RESPONSIBILITY

ressly made for or commonly used by the general public for window coverings in a residential subdivision of the same caliber as the Property.

ARTICLE VII.

COMMON AREA AND AREA OF COMMON RESPONSIBILITY The Board, subject to the rights of the Members set forth in this Declaration and any amendments or Supplemental Amendments thereto, shall be responsible for the exclusive management and control of the Common Area and all improvements thereon and shall keep it in a good, clean, attractive and sanitary condition. No Owner or Occupant may appropriate any portion of the Common Area or any improvement thereon for his or her own exclusive use. Any Owner or Occupant that causes damage to the Common Area shall be financially responsible for said damage. The cost of repair, if not timely paid by the Owner (subject to any notice that may be required by law), shall be assessed against the Owner's Lot and secured by the continuing lien set forth in this Declaration.

Declarant and its designees may transfer or convey at any time to the Association interests in real or personal property within or for the benefit of the Property, and the Association is hereby obligated to accept such transfers and conveyances, even if such transfer or conveyance occurs after the termination of the Development Period. Such property may be improved or unimproved and may consist of fee simple title, easements, leases, licenses, or other real or personal property interests. Real property transferred to the Association by Declarant, or its designees, may be transferred via a deed without warranty; provided, however, the property shall be transferred free and clear of all liens and mortgages at the time of such transfer. Upon the Declarant's written request, the

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rred via a deed without warranty; provided, however, the property shall be transferred free and clear of all liens and mortgages at the time of such transfer. Upon the Declarant's written request, the Association shall reconvey to Declarant any unimproved real property that Declarant originally conveyed to the Association for no payment, to the extent conveyed in error or needed to make minor adjustments in property lines or to accommodate changes in the development plan.

Declarant (during the Development Period) or the Association (after the expiration of the Development Period) reserves the sole and exclusive right to amend existing Common Areas, add new Common Areas, and amend any permissible activities within or rights to access the Common Areas. Declarant and Association make no representations, guarantees or warranties of any nature as to the longevity and mortality of habitats found throughout the Property.

During the Development Period, Declarant may convey record title or easements to some or all of the Common Areas to the Association if, as and when deemed appropriate by Copyright © 2021 by Roberts Markel Weinberg Butler Hailey PC, all rights reserved.

27 RP-2021-396093 Declarant or as may be required by governmental officials, and Declarant shall at all times during the Development Period have and retain the right to effect redesigns or reconfigurations of the Common Areas (particularly along the edges) and to execute any rules or restrictions applicable to the Common Areas which may be permitted in order to reduce property taxes, and to take whatever steps may be appropriate to lawfully avoid or minimize the imposition of federal and state ad valorem and/or income taxes.

Owners hereby covenant (i) not to possess any Common Area in any manner adverse

eps may be appropriate to lawfully avoid or minimize the imposition of federal and state ad valorem and/or income taxes.

Owners hereby covenant (i) not to possess any Common Area in any manner adverse to the Association, and (ii) not to claim or assert any interest or title in any Common Area.

Owners hereby waive their right to adversely possess any Common Area, and hereby acknowledge and agree that any claim of adverse possession by an Owner of any Common Area shall be void.

The Association shall maintain the Area of Common Responsibility in accordance with the Community-Wide Standard. The Area of Common Responsibility includes, but is not limited to: (a) the Common Area; (b) any walking paths or trail system located within Rosehill Meadow; (c) landscaping within public rights-of-way within or in close proximity to Rosehill Meadow (save and except those rights-of-way abutting Lots within the Property) to the extent that reasonable governmental authorities do not maintain it to the Community-Wide Standard; (d) such portions of any additional property as may be dictated by Declarant, this Declaration, any Dedicatory Instrument or any covenants or agreement for maintenance entered into by, or otherwise binding on the Association; and (e) any property and facilities that Declarant owns and makes available, on a temporary or permanent basis, for the primary use and enjoyment of the Association and its Members. Declarant shall identify any such property and facilities by written notice to the Association, and they shall remain part of the Area of Common Responsibility until Declarant revokes such privilege of use and enjoyment by written notice to the Association.

The Association may maintain other property it does not own, including, without

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Common Responsibility until Declarant revokes such privilege of use and enjoyment by written notice to the Association.

The Association may maintain other property it does not own, including, without limitation, Lots, property dedicated to the public, or property owned or maintained by another association if the Board determines that such maintenance is necessary or desirable to maintain the Community-Wide Standard. To the extent permitted by Texas law, the Association shall not be liable for any damage or injury occurring on or arising out of the condition of property it does not own.

ARTICLE VIII.

NOTICES AND EASEMENTS Easements for Green Belt, Pond Maintenance, Flood Water and Other Landscape Reserves Declarant and Association reserve for themselves and their successors, assigns and designees the non-exclusive right and easement, but not the obligation, to enter upon the green belts, landscape reserves, ponds, and other bodies of water, if any, located within the Property (a) to install, keep, maintain and replace pumps in order to obtain water for the irrigation of any of the Common Area, (b) to construct, maintain and repair any fountain, Copyright © 2021 by Roberts Markel Weinberg Butler Hailey PC, all rights reserved.

28 RP-2021-396093 wall, dam, hardedge, canal, or other structure retaining water therein, and (c) to remove trash and other debris and to fulfill their maintenance responsibilities as provided in this Declaration. Declarant's rights and easements hereunder shall automatically terminate at such time as Declarant shall cease to own any portion of the Property subject to the Declaration. Declarant, the Association, and their designees shall have an access easement

tomatically terminate at such time as Declarant shall cease to own any portion of the Property subject to the Declaration. Declarant, the Association, and their designees shall have an access easement over and across any portion of the Property abutting or containing any portion of any of the green belts and landscape reserves to the extent reasonably necessary to exercise their rights and responsibilities under this Declaration.

There is further reserved, for the benefit of Declarant, the Association, and their designees, a perpetual, non-exclusive right and easement of access and encroachment over Common Areas in order to enter upon and across such portions of the Property for the purpose of exercising rights and performing obligations under this Declaration. All persons entitled to exercise these easements shall use reasonable care in, and repair any damage resulting from, the intentional exercise of such easements. Nothing herein shall be construed to make Declarant or any other person or entity liable for damage resulting from flood due to hurricanes, heavy rainfall, or other natural disasters.

There is further reserved for Declarant, the Association and/or their designees an easement for the over spray of herbicides, fungicides, pesticides, fertilizers, and water over portions of the Property located in close proximity to the Common Area, any landscape/open space reserves, greenbelts, canals, ponds, or other bodies of water.

Natural Conditions The Property may contain a number of manmade, natural, and/or environmentally sensitive areas that may serve as habitats for a variety of native plants and wildlife, including, without limitation, insects, venomous and non-venomous snakes and other

tural, and/or environmentally sensitive areas that may serve as habitats for a variety of native plants and wildlife, including, without limitation, insects, venomous and non-venomous snakes and other reptiles, deer, armadillos, and other animals, some of which may pose hazards to persons or pets coming in contact with them (collectively, the “Natural Conditions"). Each Owner and Occupant of any Lot, and every person entering the Property (i) acknowledges that such plants and wildlife are indigenous to the area and are not restrained or restricted in their movements within or throughout the Property; and (ii) assumes all risk of personal injury arising from the presence of such plants and wildlife within the Property. Neither the Association, Declarant, any successor declarant, nor the members, partners, affiliates, officers, directors, agents or employees of any of the foregoing, shall have any duty to take action to control, remove, or eradicate any plant or wildlife in the Property, nor shall they have any liability for any injury resulting from the presence, movement, or propagation of any plant or wildlife within or thoughout the Property.

Owners and Occupants hereby agree to hold harmless Declarant and the Association, including their respective directors and officers, and release them from any liability for the existence, placement, construction, design, operation, replacement and/or maintenance of the Natural Conditions and agree to indemnify such released parties from any liability arising out of or related to such Owner's or Occupant's use of, or proximity to, the Natural Conditions. Each Owner and Occupant acknowledges and understands that the Association, its Board, and Declarant are not insurers and that each Owner and Occupant

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s use of, or proximity to, the Natural Conditions. Each Owner and Occupant acknowledges and understands that the Association, its Board, and Declarant are not insurers and that each Owner and Occupant assumes all risks for loss or damage to persons, and further acknowledges that the Association, its directors, officers, managers, agents or employees, Declarant or any Copyright © 2021 by Roberts Markel Weinberg Butler Hailey PC, all rights reserved.

29 29 RP-2021-396093 successor declarant have made no representations or warranties nor has any Owner or Occupant relied upon any representations or warranties, expressed or implied, relative to safety, any use, and/or any future change in use of the Natural Conditions.

Owners grant an easement to Declarant and the Association, or their respective designees, for any incidental noise, lighting, odors, parking, visibility and/or traffic, which may occur in relation to the Natural Conditions. There is further reserved for Declarant, the Association and/or their designees an easement to the extent necessary over portions of lots located in close proximity to the Natural Conditions for variances in water level and/or overspray of any products used to control vegetation and water quality within the Natural Conditions.

Owners and Occupants of Lots that are located in close proximity to or abut the Natural Conditions shall take care and shall not permit any trash, fertilizers, chemicals, petroleum products, environmental hazards or any other foreign matters to infiltrate the Natural Conditions. Any Owner or Occupant permitting or causing such infiltration shall indemnify and hold harmless the Association, its directors and officers, for all costs of clean

o infiltrate the Natural Conditions. Any Owner or Occupant permitting or causing such infiltration shall indemnify and hold harmless the Association, its directors and officers, for all costs of clean up and remediation necessary to restore the Natural Conditions to their condition immediately prior to said infiltration.

Easements to Serve Additional Property Declarant and the Association, including their duly authorized agents, representatives, and employees, designees, successors, assignees, licensees and mortgagees, shall have and there is hereby reserved an easement over the Common Areas for the purposes of enjoyment, use, access and development of any annexed Property made subject to this Declaration. This easement includes, but is not limited to, a right of ingress and egress over the Common Areas for the construction of roads and for the tying in and installation of utilities on any annexed Property.

Declarant and Association may enter into a reasonable agreement with regard to adjacent land owned by Declarant that has not been annexed into this Declaration for the purposes of providing access to any such adjacent land and sharing the cost of maintenance to any access roadway serving the property. During the Development Period, Declarant may enter into a reasonable agreement with an adjacent owner of land not annexed into this Declaration for the purposes of providing access to any such adjacent land and sharing the cost of maintenance to any access roadway serving the property. After the expiration of the Development Period, the Association may enter into a reasonable agreement with an adjacent owner of land not annexed into this Declaration for the purposes of providing

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ty. After the expiration of the Development Period, the Association may enter into a reasonable agreement with an adjacent owner of land not annexed into this Declaration for the purposes of providing access to any such adjacent land and sharing the cost of maintenance to any access roadway serving the property. Any such agreement shall provide for sharing of costs based on the ratio that the number of Dwellings or buildings on that portion of the property that is served by the easement and is not made subject to this Declaration bears to the total number of Dwellings and buildings within the Property.

Utilities and General There are hereby reserved unto Declarant, so long as Declarant owns any portion of the Property, the Association, and the designees of each (which may include, without Copyright © 2021 by Roberts Markel Weinberg Butler Hailey PC, all rights reserved.

30 30 RP-2021-396093 limitation, Harris County, special purpose districts and any utility companies) access and maintenance easements (collectively referred to as the “Access Easements”) upon, across, over, and under the Property to the extent reasonably necessary for the purpose of replacing, repairing, and maintaining any or all of the following, which may exist now or in the future: cable television systems, Wi-Fi systems, master television antenna systems, monitoring and similar systems, roads, walkways, bicycle pathways, wetlands, drainage systems, street lights, signage, and all utilities, including, but not limited to, water, sewers, meter boxes, telephone, gas, and electricity (collectively the "Systems"). There are hereby additionally reserved unto Declarant, so long as Declarant owns any portion of the Property, the Association, and the designees of each (which may include, without

ely the "Systems"). There are hereby additionally reserved unto Declarant, so long as Declarant owns any portion of the Property, the Association, and the designees of each (which may include, without limitation, Harris County, special purpose districts and any utility companies) an easement for the installation of the foregoing Systems (referred to as the "Installation Easements").

Such Installation Easements shall be restricted in location to the Property that Declarant and the Association own or within easements designated for such purposes on applicable recorded plats of the Property or other Dedicatory Instrument.

Notwithstanding anything contained herein to the contrary, driveways and sidewalks shall not be considered by the ARC or the Association to be an encroachment into to the Access Easements or Installation Easements; however, Owners, including Builders, must verify all easements affecting their Lot and obtain any necessary approval from the easement holder prior to submission of plans to the ARC. Upon the transfer of title of a Lot from Declarant to an Owner, including Builders, the Access Easement covering the entirety of such Lot shall automatically reduce in size to the width of the Installation Easements on the Lot.

Notwithstanding anything to the contrary herein, the Access Easements and Installation Easements shall not entitle the holders of such easements to access, construct or install any of the foregoing Systems over, under or through any existing Dwelling. Any damage to a Homesite resulting from the exercise of the Access Easements and/or Installation Easements shall promptly be repaired by, and at the expense of, the person or entity exercising the Access Easements and/or Installation Easements. The exercise of the

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ss Easements and/or Installation Easements shall promptly be repaired by, and at the expense of, the person or entity exercising the Access Easements and/or Installation Easements. The exercise of the Access Easements and Installation Easements shall not unreasonably interfere with the use of any Homesite.

Without limiting the generality of the foregoing, there are hereby reserved for the local water supplier, private water/sewer utility provider serving the Property, electric company, internet provider, cable company and natural gas supplier easements across all the Common Areas for ingress, egress, installation, reading, replacing, repairing and maintaining all utilities, including, but not limited to, utility meters boxes, installation equipment, water, sewers, telephone, gas, electricity, internet, service equipment, and any other device, machinery or equipment necessary for the proper functioning of the utility; however, the exercise of this easement shall not extend to unauthorized entry into the Dwelling on any Homesite, except in an emergency. Notwithstanding anything to the contrary contained in this Section, no sewers, electrical lines, water lines, or other utilities may be installed or relocated on the Property, except as may be approved by the Board or Declarant. Owners are hereby advised that certain utilities for the Property, including without limitation, water and sewer, may be provided by one or more private utility providers.

31 RP-2021-396093 E.

Commercial Uses While the initial development plan for the Property features a residential community, this plan is subject to change and may be expanded to include commercial uses.

1 RP-2021-396093 E.

Commercial Uses While the initial development plan for the Property features a residential community, this plan is subject to change and may be expanded to include commercial uses.

Any additional land that may be annexed into the Property for commercial purposes may be subject to the jurisdiction of the Association.

Lakes Owners are hereby advised that several lakes and/or detention reserves exist or may exist either in close proximity to and/or within the Property (all such lakes and/or detention reserves collectively referred to as the "Lake Reserves"). Owners are advised that one or more fountains have been or may be installed in the Lake Reserves, and the defined term of "Lake Reserves", as used herein, includes any such fountains. Owners of Lots within the Property are hereby advised that there may be potentially dangerous conditions that may exist near the Lake Reserves such as, by way of illustration and not limitation, the following: holes, streams, roots, stumps, flooding, standing water, ditches, gullies, erosion and/or instability of natural topography, insects, reptiles, and/or animals. It is possible for some or all of these conditions to extend onto the Property and the Lots within the Property.

Owners and Occupants hereby agree to hold harmless Declarant and the Association, including their respective directors and officers, and release them from any liability for the existence, placement, construction, design, operation, replacement and/or maintenance of the Lake Reserves and agree to indemnify such released parties from any liability arising out of or related to such Owner's or Occupant's use of, or proximity to, the Lake Reserves. Each Owner and Occupant acknowledges and understands that the

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ch released parties from any liability arising out of or related to such Owner's or Occupant's use of, or proximity to, the Lake Reserves. Each Owner and Occupant acknowledges and understands that the Association, its Board, and Declarant are not insurers and that each Owner and Occupant assumes all risks for loss or damage to persons, and further acknowledges that the Association, its directors, officers, managers, agents, or employees, Declarant or any successor declarant have made no representations or warranties nor has any Owner or Occupant relied upon any representations or warranties, expressed or implied, relative to water level variances, safety, any use, and/or any future change in use of the Lake Reserves.

Owners grant an easement to Declarant and the Association, or their respective designees, for any incidental noise, overspray from fountains, lighting, odors, parking, visibility and/or traffic, which may occur in the operation of the Lake Reserves. There is further reserved for Declarant, the Association and/or their designees an easement to the extent necessary over portions of Lots located in close proximity to the Lake Reserves for variances in water level and/or overspray of any products used to control vegetation and water quality within the Lake Reserves.

Declarant and/or the Association have the right to promulgate rules and regulations governing the use and maintenance of the Lake Reserves (subject to approval of the authorities as may have relevant jurisdiction over such matters, if applicable) and shall not be responsible for any loss, damage, or injury to any person or property arising out of the authorized or unauthorized use of the Lake Reserves.

32 32

ge, or injury to any person or property arising out of the authorized or unauthorized use of the Lake Reserves.

32 32 RP-2021-396093 Owners and Occupants of Lots that are located in close proximity to or abut the Lake Reserves shall take care and shall not permit any trash, fertilizers, chemicals, petroleum products, environmental hazards or any other foreign matters to infiltrate the Lake Reserves. Any Owner or Occupant permitting or causing such infiltration shall indemnify and hold harmless the Association, its directors and officers, for all costs of clean up and remediation necessary to restore the Lake Reserves to their condition immediately prior to said infiltration.

Notwithstanding the foregoing, the Association and Declarant (for so long as Declarant owns property that is or may be subjected to this Declaration) may use and regulate the use of the Lake Reserves for the irrigation of the Common Areas, or for any other purpose deemed appropriate by the Board or Declarant, subject to the terms of any easement agreement affecting such use. Declarant's rights under this Section shall be superior to any rights of the Association.

Surrounding Uses Owners are advised that there are certain surrounding uses and conditions that exist or may exist in close proximity to the Property including, but not limited to, commercial uses (which may include, by way of example and not limitation, hotels/conference centers, restaurants, urban shopping centers and markets, medical and institutional facilities, large corporate campuses, multi-family uses, as well as land that is not owned by Declarant or the Association) ("Surrounding Uses"). Owners and Occupants

arkets, medical and institutional facilities, large corporate campuses, multi-family uses, as well as land that is not owned by Declarant or the Association) ("Surrounding Uses"). Owners and Occupants hereby agree to hold harmless Declarant and the Association, including their respective directors and officers, and release them from any liability for the existence, placement, operation, construction, design, replacement and/or maintenance associated with such Surrounding Uses and agree to indemnify each of such released parties from any liability arising out of or related to such Owner's or Occupant's proximity to the Surrounding Uses.

Owners further grant an easement to Declarant and the Association for any incidental noise, odors, lighting, parking, and/or visibility of such Surrounding Uses and/or traffic which may occur due to the existence of any of the Surrounding Uses. Owners and Occupants hereby acknowledge that the Association, its directors, officers, managers, agents, or employees, Declarant or any successor declarant have made no representations or warranties nor has any Owner or Occupant relied upon any representations or warranties, expressed or implied, relative to safety, use, and/or any future change in use of such Surrounding Uses.

Restricted Reserves Owners of Lots within Rosehill Meadow are hereby advised that reserve areas exist throughout the Property that may be restricted to uses such as, by way of illustration and not limitation, landscape, open space, drainage, detention, and/or utility and related uses purposes, including Restricted Reserves “A” and “E” within Section 1, restricted in their use to landscape/open space uses; Restricted Reserves "B", "C" and "D" within Section 1,

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lity and related uses purposes, including Restricted Reserves “A” and “E” within Section 1, restricted in their use to landscape/open space uses; Restricted Reserves "B", "C" and "D" within Section 1, restricted in their use to drainage uses; and Restricted Reserve "F" within Section 1, restricted in its use to compensating open space uses (all such reserves collectively referred to as the "Restricted Reserves"). Owners and Occupants hereby agree to hold harmless Declarant and the Association, including their respective directors and officers, and release them from any liability for the existence, placement, construction, design, operation, Copyright © 2021 by Roberts Markel Weinberg Butler Hailey PC, all rights reserved.

333 RP-2021-396093 replacement and/or maintenance of the Restricted Reserves and agree to indemnify such released parties from any liability arising out of or related to such Owner's or Occupant's use of, or proximity to, the Restricted Reserves. Each Owner and Occupant acknowledges and understands that the Association, its directors and officers, and Declarant are not insurers and that each Owner and Occupant assumes all risks for loss or damage to persons, and further acknowledges that the Association, its directors, officers, managers, agents, or employees, Declarant or any successor declarant have made no representations or warranties nor has any Owner or Occupant relied upon any representations or warranties, expressed or implied, relative to safety, any use, and/or any future change in use of the Restricted Reserves.

Owners grant an easement to Declarant and the Association, or their respective designees, for any incidental noise, lighting, odors, parking, visibility and/or traffic, which

the Restricted Reserves.

Owners grant an easement to Declarant and the Association, or their respective designees, for any incidental noise, lighting, odors, parking, visibility and/or traffic, which may occur in the operation of the Restricted Reserves. There is further reserved for Declarant, the Association and/or their designees an easement for the overspray of herbicides, fungicides, pesticides, fertilizers, and water over portions of the Property located in close proximity to the Restricted Reserves.

Declarant and/or the Association have the right to promulgate rules and regulations governing the use of the Restricted Reserves and shall not be responsible for any loss, damage, or injury to any person or property arising out of the authorized or unauthorized use of the Restricted Reserves within the Property.

Owners and Occupants of Lots that are located in close proximity to or abut the Restricted Reserves shall take care and shall not permit any trash, fertilizers, chemicals, petroleum products, environmental hazards or any other foreign matters to infiltrate the Restricted Reserves. Any Owner or Occupant permitting or causing such infiltration shall indemnify and hold harmless the Association, its directors and officers, for all costs of clean up and remediation necessary to restore the Restricted Reserves to their condition immediately prior to said infiltration.

Reclaimed Water Declarant hereby discloses to each Owner, and each Owner, by acceptance of title to his or her Lot, hereby acknowledges, that Declarant and/or the Association, may use either or both: (i) water from water wells drilled on the Common Area, and (ii) reclaimed water for irrigation of the Common Areas and that SUCH WATER IS NOT INTENDED FOR

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d/or the Association, may use either or both: (i) water from water wells drilled on the Common Area, and (ii) reclaimed water for irrigation of the Common Areas and that SUCH WATER IS NOT INTENDED FOR HUMAN CONSUMPTION AND SHOULD NOT BE CONSUMED BY HUMANS.

Adjacent Land Owners of Lots within Rosehill Meadow are hereby advised that there exists outside of the platted area land that is not owned by Declarant or the Association, as more particularly described on the Section 1 Plat ("Adjacent Land"). Owners and Occupants hereby agree to hold harmless Declarant and the Association, including their respective directors and officers, and released them from any liability for the existence of, any operations or construction thereon, and/or any maintenance associated with such Adjacent Land and agree to indemnify each of such released parties from any liability arising out of or related to such Owner's or Occupant's use of or proximity to the Adjacent Land. Owners Copyright © 2021 by Roberts Markel Weinberg Butler Hailey PC, all rights reserved.

34 RP-2021-396093 further grant an easement to Declarant and the Association for any incidental noise, odors, lighting, parking and/or visibility of such Adjacent Land and/or traffic which may occur due to the existence of the Adjacent Land. Owners hereby acknowledge that the Association, its directors, officers, managers, agents or employees, Declarant or any successor declarant have made no representations or warranties, nor has any Owner or Occupant relied upon any representations or warranties, expressed or implied, relative to safety, use, and/or any future change in use of such Adjacent Land. Owners whose Lots are located in close proximity to or abut the Adjacent Land shall take care and shall not permit any trash,

ive to safety, use, and/or any future change in use of such Adjacent Land. Owners whose Lots are located in close proximity to or abut the Adjacent Land shall take care and shall not permit any trash, fertilizers, chemicals, petroleum products, environmental hazards or any other foreign matters to infiltrate the Adjacent Land. Any Owners permitting or causing such infiltration shall indemnify and hold harmless the Association for all costs of clean up and remediation necessary to restore the Adjacent Land to its condition immediately prior to said infiltration.

Certain Easements and Other Items Owners are hereby advised that there exists in closed proximity to the Property and outside of the platted area (i) a sanitary sewer easement, as more particularly described in that instrument recorded under Clerk's File No. RP-2020-571989 in the Official Public Records of Real Property of Harris County, Texas, and (ii) a drainage easement, as more particularly described in that instrument recorded under Clerk's File No. RP-2020-571991 in the Official Public Records of Real Property of Harris County, Texas (such easements collectively referred to herein as the "Easements”). Owners hereby agree to hold harmless Declarant and the Association, and their successors and assigns and release them from any liability for the existence, placement, and/or maintenance of the Easements, and agree to indemnify the parties released from any damages they may sustain. Owners further grant an easement to Declarant and the Association for any incidental odor, noise and/or visibility of said Easements, and/or traffic which may occur due to the existence of the Easements.

Owners and Occupants hereby acknowledge that the Association, its directors, officers,

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noise and/or visibility of said Easements, and/or traffic which may occur due to the existence of the Easements.

Owners and Occupants hereby acknowledge that the Association, its directors, officers, managers, agents, or employees, Declarant or any successor declarant have made no representations or warranties nor has any Owner or Occupant relied upon any representations or warranties, expressed or implied, relative to the safety, any use, and/or any future change in use of the Easements.

Spring Creek and Holly Creek Owners are hereby advised that there exists in close proximity to the Property, outside of the platted area, Spring Creek and Holly Creek (collectively, the “Creeks").

Owners are hereby advised that there may be potentially dangerous conditions that may exist near the Creeks such as, by way of illustration and not limitation, the following: holes, streams, roots, stumps, ditches, gullies, erosion and/or instability of natural topography, insects, reptiles, and/or animals. It is possible for some or all of these conditions to extend into the Property and the Lots within the Property.

Owners and Occupants hereby agree to hold harmless Declarant and the Association, their respective directors and officers, and release them from any liability for the existence, placement, construction, design, operation, replacement and/or maintenance of the Creeks and agree to indemnify such released parties from any liability arising out of or related to such Owner's or Occupant's use of, or proximity to, the Creeks. Each Owner Copyright © 2021 by Roberts Markel Weinberg Butler Hailey PC, all rights reserved.

35 35 RP-2021-396093 and Occupant acknowledges and understands that the Association, its Board, and

35 35 RP-2021-396093 and Occupant acknowledges and understands that the Association, its Board, and Declarant are not insurers and that each Owner and Occupant assumes all risks for loss or damage to persons, and further acknowledges that the Association, its directors, officers, managers, agents, or employees, Declarant or any successor declarant have made no representations or warranties nor has any Owner or Occupant relied upon any representations or warranties, expressed or implied, relative to water level variances, safety, any use, and/or any future change in use of the Creeks.

The Declarant and the Association will not be responsible for any loss, damage, or injury to any person or property arising out of the authorized or unauthorized use of the Creeks.

Treatment Plant Owners are hereby advised that there exists or may exist in close proximity to the Property a waste water/water treatment plant (the "Water Plant"). Owners agree to hold harmless the Declarant and the Association, and their respective successors and assigns, and release them from any liability for the construction, existence, operation, and maintenance of the Water Plant and agree to indemnify the parties released from any damages they may sustain. Owners grant an easement to the Declarant and the Association for any incidental noise, lighting, odors, and traffic which may occur in the operation and maintenance of the Water Plant.

Right-of-Way Area

grant an easement to the Declarant and the Association for any incidental noise, lighting, odors, and traffic which may occur in the operation and maintenance of the Water Plant.

Right-of-Way Area Owners of Lots within Rosehill Meadow are hereby advised that there exists currently within the platted area an area of land dedicated for the widening of Decker Prairie Rosehill Road, as more particularly described on the Section 1 Plat ("Right-of-Way Area"). Owners and Occupants hereby agree to hold harmless Declarant and the Association, including their respective directors and officers, and released them from any liability for the existence of, any operations or construction thereon, and/or any maintenance associated with such Right-of-Way Area and agree to indemnify each of such released parties from any liability arising out of or related to such Owner's or Occupant's use of or proximity to the Right-of-Way Area. Owners further grant an easement to Declarant and the Association for any incidental noise, odors, lighting, parking and/or visibility of such Right-of-Way Area and/or traffic which may occur due to the existence of the Right-of-Way Area. Owners hereby acknowledge that the Association, its directors, officers, managers, agents or employees, Declarant or any successor declarant have made no representations or warranties, nor has any Owner or Occupant relied upon any representations or warranties, expressed or implied, relative to safety, use, and/or any future change in use of such Right-of-Way Area. Owners whose Lots are located in close proximity to or abut the Right-of-Way Area shall take care and shall not permit any trash, fertilizers, chemicals, petroleum products, environmental hazards or any other foreign

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s are located in close proximity to or abut the Right-of-Way Area shall take care and shall not permit any trash, fertilizers, chemicals, petroleum products, environmental hazards or any other foreign matters to infiltrate the Right-of-Way Area. Any Owners permitting or causing such infiltration shall indemnify and hold harmless the Association for all costs of clean up and Copyright © 2021 by Roberts Markel Weinberg Butler Hailey PC, all rights reserved.

36 RP-2021-396093 remediation necessary to restore the Right-of-Way Area to its condition immediately prior to said infiltration.

ARTICLE IX.

DEED RESTRICTION ENFORCEMENT A.

Authority to Promulgate Rules, Policies, and Guidelines The Board has the authority, without the obligation, to promulgate, amend, cancel, limit, create exceptions to, and enforce reasonable rules, policies, and Guidelines, including but not limited to rules and policies concerning the administration of the Property, the enforcement of the Dedicatory Instruments, the use and enjoyment of the Property, limitations on the use of the Common Area, and the establishment and amount of fines for violations of the Dedicatory Instruments and all fees and costs generated in the enforcement of the Dedicatory Instruments. Such rules, policies, and Guidelines shall be binding upon all Owners and Occupants, if any. The rights and remedies contained in this Article are cumulative and supplement all other rights of enforcement under applicable law.

Attorney's Fees and Fines In addition to all other remedies that may be available, after giving notice and an opportunity to be heard as may be required by §209 of the Texas Property Code, as same may be amended, the Association has the right to collect attorney's fees and/or fines as set

giving notice and an opportunity to be heard as may be required by §209 of the Texas Property Code, as same may be amended, the Association has the right to collect attorney's fees and/or fines as set by the Board from any Owner that is in violation of the Dedicatory Instruments, any applicable Supplemental Amendment or amendments, any Guidelines, or any other rule or regulation promulgated by the Board pursuant to the provisions set forth herein. Said attorney's fees and fines shall be added to the violating Owner's Assessment account and shall be secured by the continuing lien on the Lot.

Remedies Every Owner shall comply with all provisions of the Dedicatory Instruments. Failure to comply shall be grounds for an action to recover sums due, for damages or injunctive relief, or for any other remedy available at law or in equity, maintainable by the Association. In addition, the Board has the authority, but not the obligation, to enforce the covenants, conditions and restrictions contained in the Dedicatory Instruments, and to regulate the use, maintenance, repair replacement, modification, and appearance of the Property, and may avail itself of any and all remedies provided in the Dedicatory Instruments and in local, state and federal law. Notwithstanding anything contained herein to the contrary, the Board shall have no duty, legal or otherwise, to institute legal or other proceedings on behalf of or in the name of an Owner.

The decision to pursue enforcement action in any particular case shall be left to the Board's discretion. Without limiting the generality of the foregoing sentence, the Board may determine that, under the circumstances of a particular case: (i) the Association's position is not strong enough to justify taking any or further action;

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lity of the foregoing sentence, the Board may determine that, under the circumstances of a particular case: (i) the Association's position is not strong enough to justify taking any or further action; Copyright © 2021 by Roberts Markel Weinberg Butler Hailey PC, all rights reserved.

37 RP-2021-396093 (ii) (iii) although a technical violation may exist or may have occurred, it is not of such a material nature as to be objectionable to a reasonable person or to justify expending the Association's resources; or that it is not in the Association's best interests, based upon hardship, expense, or other reasonable criteria, to pursue enforcement action.

Such decision shall not be construed a waiver of the Association's right to enforce such provision at a later time under other circumstances and shall not preclude the Association from enforcing any Dedicatory Instrument.

D. Enforcement by Owners Each Lot Owner, at his or her own expense, is empowered to enforce the covenants, conditions and restrictions contained in this Declaration, any Supplemental Amendment to this Declaration, and any amendments thereto; provided, however, no Owner shall have the right to enforce the lien rights retained in this Declaration or any Supplemental Amendment in favor of the Association and/or other rights, regarding Assessments, fines, or other charges retained by the Association.

Self Help “Self Help” shall mean the authority, but not the obligation, of the Association, upon approval of not less than a majority of the Board members, to enter upon a Lot, Homesite or other area that is an Owner's responsibility to maintain (such as sidewalks that may be adjacent to an Owner's Lot) and cause to be performed any of the Owner's maintenance and

upon a Lot, Homesite or other area that is an Owner's responsibility to maintain (such as sidewalks that may be adjacent to an Owner's Lot) and cause to be performed any of the Owner's maintenance and repair obligations or acts required by that Owner to bring his/her Lot, Homesite, or other area into compliance with the Dedicatory Instruments if said Owner fails to perform same after written demand from the Board. Except in the case of emergency situations, the Association shall give the violating Owner a minimum of five (5) days written notice (calculated using the date reflected on such notice), of its intent to exercise Self Help. The Board has the sole discretion to determine whether any given situation constitutes an emergency.

In exercising its Self Help remedy, the Association shall not be subject to any liability for trespass, other tort or damages in connection with or arising from such exercise of Self Help, nor in any way shall the Association or its agent be liable for any accounting or other claim for such action. The Association shall have the right, but not the obligation, to enter into any Lot, Homesite, or other area for emergency, security, and safety reasons, and to inspect for the purpose of ensuring compliance with the Dedicatory Instruments, which right may be exercised by the Association's Board, officers, agents, employees, managers, and all policemen, firemen, ambulance personnel, and similar emergency personnel in the performance of their respective duties.

Any costs incurred by the Association in the exercise of its Self Help remedy shall be the personal obligation of the person or entity who was the Owner of the Lot at the time when the Self Help costs were incurred. The costs incurred by the Association in exercising

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elp remedy shall be the personal obligation of the person or entity who was the Owner of the Lot at the time when the Self Help costs were incurred. The costs incurred by the Association in exercising its Self Help remedy, which costs may include, by way of illustration and not limitation, the actual costs incurred by the Association and an administrative fee set by the Board, may be Copyright © 2021 by Roberts Markel Weinberg Butler Hailey PC, all rights reserved.

38 RP-2021-396093 charged to the subject Owner's Assessment account and shall be supported by the continuing lien created herein.

ARTICLE X. ARCHITECTURAL RESTRICTIONS NOTE WELL: The provisions of this Article are broad and sweeping and an extremely wide range of activities are regulated hereby. Owners are advised to review this Article and the Guidelines carefully before commencing any work or engaging in any activity on or in connection with their Lot or Dwelling to ensure they comply with all of the provisions set forth herein and in the Guidelines.

Work commenced, performed, or completed without prior approval as required herein, in the Guidelines, or otherwise in violation of the terms of the Dedicatory Instruments, or applicable law may subject the Owner of the Lot to substantial costs, expenses, fees, and penalties, which may be in addition to a requirement that the Lot and/or Dwelling be restored to its original condition. All references herein to ARC approval shall mean the prior written approval of the ARC.

Architectural Review Committee - “ARC” The ARC shall be a committee of the Board. In the absence of a designation by Declarant, the initial ARC shall be composed of the individuals designated as the initial

ectural Review Committee - “ARC” The ARC shall be a committee of the Board. In the absence of a designation by Declarant, the initial ARC shall be composed of the individuals designated as the initial members of the Board as set forth in the Association's Certificate of Formation; provided, however, Declarant shall have the sole authority to designate all members of the ARC who need not be members of the Board. One member of the ARC may be designated as the representative to act on behalf of the ARC. During the Development Period, Declarant reserves the right to appoint replacements as necessary by reason of resignation, removal or incapacity. At any time prior to the happening of ARC Turnover (defined below), Declarant may, without obligation, assign to the Board, or to such other person Declarant deems appropriate, all or a portion of Declarant's ARC rights and/or the responsibility for review and approval of modifications to existing Dwellings.

Declarant shall retain the right of ARC appointment and removal until the first to occur of the following ("ARC Turnover"): 1.

Declarant no longer owns any portion of the Property, or Declarant relinquishes, in writing, its authority over ARC appointment.

Upon ARC Turnover, the Board of the Association shall have the right to replace the ARC members by duly appointing Owners who are Members in Good Standing with the Association. Provided, however, the Board may not appoint to the ARC an Owner who is (i) a current Board member, (ii) a current Board member's spouse, or (iii) a person residing in a current Board member's household. After ARC Turnover, the Board reserves the right to appoint replacements as necessary by reason of resignation, removal or incapacity. Such

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ii) a person residing in a current Board member's household. After ARC Turnover, the Board reserves the right to appoint replacements as necessary by reason of resignation, removal or incapacity. Such removal and/or appointment shall be at the sole authority and discretion of the Board. The Board shall have the right to review any action or non-action taken by the ARC and shall be the final authority as to all ARC matters, including aesthetics and determination of the Community Wide Standard.

39 99 RP-2021-396093 Guidelines may be promulgated and amended by Declarant during the Development Period. After the expiration of the Development Period, Guidelines may be promulgated and amended by the Board; provided, however, any such amendment shall not be applied retroactively to reverse a prior approval granted by the ARC or the Board to any Owner.

Guidelines may be modified or amended as deemed necessary and appropriate for the orderly development of the Property, including, but not limited to, those portions of the Guidelines regarding workmanship, materials, building methods, observance of requirements concerning installation and maintenance of public utility facilities and services, and compliance with governmental regulations. Subject to the provisions herein, there shall be no limitation on the scope of amendments to the Guidelines, and such amendments may remove requirements previously imposed or otherwise make the Guidelines less restrictive. The rules, standards, and procedures set forth in the Guidelines, as same may be amended from time to time, shall be binding and enforceable against each Owner in the same manner as any Dedicatory Instrument. Further, different Guidelines for

orth in the Guidelines, as same may be amended from time to time, shall be binding and enforceable against each Owner in the same manner as any Dedicatory Instrument. Further, different Guidelines for additional property that may be annexed into the Property may be promulgated.

The ARC shall have the authority, but not the obligation, to delegate review and approval or denial of plans for modifications of existing improvements within the Property to a Modifications Committee. The members of the Modifications Committee shall be appointed, and may be removed, by Declarant during the Development Period, and thereafter by the Board. A denial by the Modifications Committee, if it is created, may be appealed to the ARC.

B. ARC Approval Required No buildings, Hardscape, additions, modifications (including tree removal) or improvements shall be erected, placed or performed on any Lot or Homesite until the construction plans and specifications including, but not limited to, the site plan, design development plan, and exterior plan, have been submitted in duplicate to and approved in writing by the ARC as hereinafter provided. Further, the ARC may review, approve or deny applications for improvements within right-of-way areas that are adjacent to a Lot; provided, however, the Association, the Board and the ARC are not liable for any injuries or damages that may arise from or may be related to any approved improvements located within a right-of-way area adjacent to a Lot.

The failure of the ARC to approve submitted applications for the construction of improvements within thirty (30) days after the receipt thereof shall be deemed to be a decision by the ARC denying the application. After ACR Turnover, a decision by the ARC

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ns for the construction of improvements within thirty (30) days after the receipt thereof shall be deemed to be a decision by the ARC denying the application. After ACR Turnover, a decision by the ARC denying an application by an Owner for the construction of improvements may be appealed to the Board. The ARC will provide written notice of the denial to the Owner and the Board will hold a hearing in accordance with Texas Property Code §209.00505 or its successor statute.

In no case may construction begin prior to approval of plans by the ARC. If plans are disapproved, no construction can commence until revised plans are submitted and approved by the ARC. The Board has the right to establish and charge a review fee, to be paid at the time of submittal of plans and any revisions. If a fee is set and not paid, the thirty (30) day time period set out herein shall not begin to run until the fee is paid.

40 RP-2021-396093 In reviewing each application, the ARC may consider any factors it deems relevant, including, without limitation, harmony of the proposed external design with surrounding structures and environment. Decisions may be based on purely aesthetic considerations.

Each Owner acknowledges that such determinations are purely subjective and that opinions may vary as to the desirability and/or attractiveness of particular improvements.

Subject to the Board's authority herein, the ARC shall have sole discretion to make final, conclusive and binding determinations on matters of aesthetic judgment, and such determinations shall not be subject to the procedures in Article XVI or judicial review so long as they are made in good faith and in accordance with required procedures.

aesthetic judgment, and such determinations shall not be subject to the procedures in Article XVI or judicial review so long as they are made in good faith and in accordance with required procedures.

The ARC is hereby vested with the right, but not the obligation, to refuse to review a request for an improvement or modification, or to deny such a request, if the Owner requesting same is not a Member in Good Standing. The Board, on behalf of the ARC, may retain and/or delegate review of plans and specifications to a designated AIA architect or other such person or firm as may be designated by the Board, experienced or qualified to review same, who may then render an opinion to the ARC or Board. Approval of plans and specifications shall not cover or include approval for any other purpose and specifically, but without limitation, shall not be construed as any representation as to or responsibility for the structural design or engineering of the improvement or the ultimate construction thereof.

The Board shall have the authority hereunder to require any Owner or Owner's agents or contractors to cease and desist in constructing or altering any improvements on any Homesite, where such improvements have not first been reviewed and approved by the ARC or where such actions constitute a violation of the Dedicatory Instruments or any other documents promulgated by the Board pursuant to the provisions set forth herein.

Written notice may be delivered to the Owner, or any agent or contractor with apparent authority to accept same, and such notice shall be binding on the Owner as if actually delivered to the Owner. The violating Owner shall remove such violating improvements or sitework at its sole expense and without delay, returning same to its original condition or

Owner as if actually delivered to the Owner. The violating Owner shall remove such violating improvements or sitework at its sole expense and without delay, returning same to its original condition or bringing the Homesite into compliance with the Dedicatory Instruments and any plans and specifications approved by the ARC for construction on that Homesite. If an Owner proceeds with construction that is not approved by the ARC, or that is a variance of the approved plans, the Association may assess fines as provided for herein, and may continue to assess such fines until ARC approval is granted or the violation is removed. This Declaration is notice of such liability for violation and Owners hereby agree to bear the cost and expense to cure any violations according to this provision, regardless of the substantial cost, time or loss of business involved. Each Owner acknowledges that it may not always be possible to identify objectionable features of proposed construction or alteration of improvements until such construction and/or alteration is completed, in which case it may be unreasonable to require changes to the improvements involved; however, the ARC may refuse to approve similar proposals in the future.

The Board or its agents or assigns shall have the right, but not the obligation, to enter any Lot or Homesite to determine if violations of this Declaration, the Guidelines, or any other Dedicatory Instrument exist. In so doing, the Board or its agents or assigns shall not be subject to any liability for trespass, other tort or damages in connection with or arising from such entry nor in any way shall the Association or its agent be liable for any accounting or other claim for such action.

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ability for trespass, other tort or damages in connection with or arising from such entry nor in any way shall the Association or its agent be liable for any accounting or other claim for such action.

41 RP-2021-396093 The ARC shall have the right to set reasonable time constraints for both the “Commencement of Construction" (which shall mean the issuance of a slab permit) and "Completion of Construction" (which shall mean the issuance of a certificate of occupancy).

The Commencement of Construction shall occur within 180 days from the date of plan approval, or other later date as determined by the ARC. The Completion of Construction must occur no later than two (2) years from the Commencement of Construction, or other later date as determined by the ARC. The ARC has the discretion to extend previously approved deadlines for Commencement of Construction and Completion of Construction. If Commencement of Construction fails to occur by the time frame established herein (or otherwise set by the ARC pursuant to this provision) or is not completed by the Completion of Construction time frame established herein (or otherwise set by the ARC pursuant to this provision), the plans shall be deemed not approved and must be re-submitted for ARC review and approval. In the event of any such re-submission of plans, the ARC has the discretion to determine the time constraints for the Commencement of Construction and/or Completion of Construction, which may be set on an expedited basis as determined by the ARC.

Notwithstanding the foregoing, during the Development Period, Builders may submit their design plans for ARC review as master design plans, which plans shall include

ed basis as determined by the ARC.

Notwithstanding the foregoing, during the Development Period, Builders may submit their design plans for ARC review as master design plans, which plans shall include all specifications, including specifications as to brick color and paint color that may be used when building each design. Upon ARC approval of a Builder's master design plans, the time frames for commencement and completion of construction as set forth in the applicable purchase agreement between the Declarant and the Builder ("Contract") shall control. If construction fails to commence by the designated date set forth in the Contract or is not completed by the designated completion date set forth in the Contract, the plans shall be deemed not approved and must be re-submitted for ARC review and approval. In the event of any such re-submission of plans, the ARC has the discretion to determine the time constraints for the Commencement of Construction and/or Completion of Construction, which may be set on an expedited basis as determined by the ARC.

Building Setbacks No Dwelling or other structure (including any protrusion from same) shall be placed nearer to any street or property line than as established herein, in a Supplemental Amendment, in the Guidelines or the applicable plat or other Dedicatory Instrument. In the event there is a conflict between the Guidelines, this Declaration, any other documents imposed upon the Property that contain a setback requirement, and the applicable plat, the more restrictive will control. Notwithstanding anything to the contrary herein, in no case shall any setback on any Lot be less than the width of any easement existing on a Lot, as shown on the applicable plat. All Dwellings shall be oriented to the front of the Lot. The

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herein, in no case shall any setback on any Lot be less than the width of any easement existing on a Lot, as shown on the applicable plat. All Dwellings shall be oriented to the front of the Lot. The ARC has discretion to designate the “front” of a Lot. Unless otherwise provided on the applicable plat or other Dedicatory Instrument, no Dwelling shall be built within five (5) feet of a side Lot line. Unless otherwise provided on the applicable plat or other Dedicatory Instrument, all Lots shall have a minimum rear setback of the greater of ten feet (10') or the width of any easement.

The combining of no more than two (2) Lots to create one (1) Homesite may be permitted subject to prior written approval of the ARC and partial release(s) by Declarant, to the extent necessary, of easements created herein. All governmental requirements must Copyright © 2021 by Roberts Markel Weinberg Butler Hailey PC, all rights reserved.

42 RP-2021-396093 be complied with as to combining one (1) Lot with another Lot. If Lots are combined, the side set back lines shall be measured from resulting side property lines rather than from the Lot lines as indicated on the applicable plat. The combining of two (2) Lots shall not forgive the obligation to pay Assessments on all Lots so combined. By way of example and not limitation, if two (2) Lots are combined to create one (1) Homesite, the Homesite shall be obligated to pay two (2) Assessments.

Landscaping All open, unpaved space on a Homesite shall be planted and landscaped.

Landscaping in accordance with the plans approved by the ARC must be installed prior to occupancy of any Dwelling constructed on the Property. Where applicable, Owners shall also be responsible for maintaining and irrigating the landscaping within the adjacent

must be installed prior to occupancy of any Dwelling constructed on the Property. Where applicable, Owners shall also be responsible for maintaining and irrigating the landscaping within the adjacent right-of-way located between the boundary of their Lot and the street.

Any significant changes in the existing landscaping on any Homesite must have prior written approval from the ARC.

Notwithstanding anything contained herein to the contrary, landscaping minimum standards may be established in the Guidelines. The ARC shall have discretion to determine if, as, or when the landscaping on a Lot does not meet the minimum standards established in the Guidelines.

Grading and Drainage The topography of each and every Homesite must be maintained with proper grading and drainage systems such that runoff of water (rain or other precipitation, or manmade irrigation) does not cause undue erosion of the subject Homesite itself or any other Homesites, whether adjacent to the subject Homesite or not, or to the Common Areas.

Owners causing (either directly or indirectly) erosion or other incidental damage to personal or real property due to inadequate or defective grading or drainage measures on their own Homesite or because of excess runoff shall be liable to all such damaged parties for the replacement, repair and/or restoration of such damaged real or personal property.

Owners shall be responsible for ensuring that all local, state and federal rules and regulations regarding drainage and run-off are met.

Temporary Structures Temporary structures may only be erected on Property by Declarant or by Builders with the prior written approval of the ARC. By way of illustration and not limitation, temporary structures may include construction trailers and temporary construction debris

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Declarant or by Builders with the prior written approval of the ARC. By way of illustration and not limitation, temporary structures may include construction trailers and temporary construction debris receptacles. All temporary structures shall be maintained in good condition and all construction debris shall be contained to the site. Time limitations for such structures are limited to the period of active and exclusive construction and sales within the Property.

43 RP-2021-396093 G.

Garages Dwellings must at all times have either attached or detached garages. Garages are required to maintain fully operational overhead doors which are in good condition at all times. No garage may be used for or converted to a living area.

Square Footage Requirements Except as otherwise provided in a Dedicatory Instrument, all one-story Dwellings must contain a minimum of 1,400 square feet of living area and all two-story Dwellings must contain a minimum of 1,600 square feet of living area. For purposes of this Declaration, living area does not include porches, garages or non-air conditioned areas.

Regarding future sections that will be annexed into the Property and made subject to this Declaration, the minimum square footage of living area for Dwellings shall be designated in a Dedicatory Instrument as the Property is developed over time. Care should be taken to verify the required minimum and maximum square footage before submitting any application to the ARC.

Notwithstanding anything contained herein to the contrary, Declarant hereby reserves the unilateral right to develop the Property, and/or any additional property which

ting any application to the ARC.

Notwithstanding anything contained herein to the contrary, Declarant hereby reserves the unilateral right to develop the Property, and/or any additional property which may be subjected to this Declaration, in any manner consistent with residential use, including, but not limited to, Dwellings which may contain higher or lower square footage in other portions of the Property.

ARTICLE XI.

MAINTENANCE A.

General Maintenance Each Owner shall maintain and keep in good repair his or her Dwelling and all structures, parking areas and other improvements, including the driveway and its apron portion forward of the building line comprising the Homesite. All structures and other improvements designed to be painted must be kept painted and the paint may not be allowed to become faded, cracked, flaked or damaged in any manner. Grass, shrubs, trees and other landscaping on each Homesite shall be cut as often as may be necessary to maintain the same in a neat and attractive condition. Grass growing onto or over sidewalks, driveways, and curbs shall be presumed to be unattractive. Each Owner shall ensure that weeds on his or her Lot are treated and/or removed.

Sidewalks, curbs, and driveways servicing a particular Lot, whether constructed within the boundaries of such Lot or within the street right-of-way adjacent to such Lot, shall be maintained, repaired and replaced, as needed, by the Owner of such Lot, subject to prior written approval of the ARC. Where applicable, each Owner shall also be responsible for maintaining and irrigating the landscaping within the adjacent public right-of-way located between the boundary of their Lot and the street. Owners may not remove grass,

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shall also be responsible for maintaining and irrigating the landscaping within the adjacent public right-of-way located between the boundary of their Lot and the street. Owners may not remove grass, trees, shrubs, or similar vegetation from this area without prior written approval from the ARC. Private utility providers serving the Property shall maintain, keep in a neat and attractive condition, and keep in good repair, all property and improvements owned by it.

44 RP-2021-396093 B.

Landscaping In the event the Owner of any Homesite within the Property fails to maintain the landscaping, grass or vegetation of a Homesite in a manner consistent with the Community Wide Standard established within the Property and satisfactory to the Board, the Board, after providing notice as may be required by law setting forth the action intended to be taken by the Association and after approval by a majority vote of the Board, shall have the right, but not the obligation, through its agents, contractors and/or employees, to exercise its Self Help remedy to bring the Owner's Lot into compliance with this provision.

Dwelling and Improvement Exteriors In the event the Owner of any Homesite fails to maintain the exterior of the Homesite or improvement (including but not limited to the exterior of the Dwelling, improvement or other structures and the parking areas) in a manner consistent with the Community Wide Standard established within the Property as solely determined by the Board, the Board, after providing notice as may be required by law setting forth the action intended to be taken by the Association and after approval by a majority vote of the Board,

etermined by the Board, the Board, after providing notice as may be required by law setting forth the action intended to be taken by the Association and after approval by a majority vote of the Board, shall have the right, but not the obligation, through its agents, contractors and/or employees, to enter upon said Homesite and to exercise its Self Help remedy to bring the Owner's Lot into compliance with this provision.

Other Hazards To the extent necessary to prevent pest infestation, diminish fire hazards and/or diminish hazards caused by structural damage, the Association shall have the right, but not the obligation, through its agents, contractors and/or employees, to enter any unoccupied Dwelling or other improvement located upon such Homesite without notice to take the action necessary to prevent such pest infestation, diminish such fire hazards or diminish hazards caused by structural damage at the Owner's expense. Any such expenses, including administrative fees set by the Board, incurred by the Association shall be secured by the continuing lien created herein.

Liability, Cost and Approval Neither the Association nor its agents, contractors, or employees shall be liable, and are expressly relieved from any liability, for trespass or other tort in connection with the exercise of its Self Help remedy, including the performance of the exterior maintenance, landscaping or other work authorized in this Declaration. The cost, including administrative fees set by the Board, of such exterior maintenance, interior hazard diminution and other work shall be the personal obligation of the Owner of the Homesite on which it was performed and shall become part of the Assessment payable by the Owner and

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ance, interior hazard diminution and other work shall be the personal obligation of the Owner of the Homesite on which it was performed and shall become part of the Assessment payable by the Owner and secured by the lien retained in the Declaration. Alternately, the Association or any Owner of a Homesite may bring an action at law or in equity to cause the Owner to bring said Homesite into compliance with these restrictions.

All Owners' replacement, repair and restoration practices as to the improvements on property within Rosehill Meadow are subject to the prior written approval of the ARC and Copyright © 2021 by Roberts Markel Weinberg Butler Hailey PC, all rights reserved.

45 RP-2021-396093 must comply with all Guidelines which may change from time to time, as found necessary and appropriate in the discretion of the Board.

Casualty Losses It shall be the Owner's obligation to have repaired or reconstructed any damage or destruction to their Dwelling or Lot.

If a Dwelling, landscaping, Outbuilding or any other improvement located on a Lot is damaged by fire, storm, or any other casualty, the Owner shall bring the affected Lot and all improvements thereon, as applicable, into compliance with the Dedicatory Instruments within a time period established by the Association on a case-by-case basis, pursuant to the architectural requirements and approval process set forth in the Dedicatory Instruments.

Regarding Dwellings that are totally destroyed due to casualty, the Owner(s) of such Dwellings must have the Dwellings or damaged portions of the Dwellings razed within a time period established by the Association on a case-by-case basis, and replaced within a time period established by the Association on a case-by-case basis, with such replacement

lings razed within a time period established by the Association on a case-by-case basis, and replaced within a time period established by the Association on a case-by-case basis, with such replacement subject to ARC prior written approval.

ARTICLE XII.

VARIANCES The Board, or its duly authorized representative, may authorize variances from compliance with any of the architectural provisions of this Declaration or the Dedicatory Instruments, unless specifically prohibited, including restrictions upon height, size, placement of structures, or similar restrictions, when circumstances such as topography, natural obstruction, hardship, aesthetic, or environmental considerations may require.

Such variances must be evidenced in writing, must be approved by at least a majority of the Board, and shall become effective upon execution. The variance must be signed by a member of the Board and recorded in the Official Public Records of Harris County, Texas. If such variances are granted, no violation of the covenants, conditions or restrictions contained in this Declaration and/or the Dedicatory Instruments shall be deemed to have occurred with respect to the matter for which the variance was granted. The granting of such a variance shall not operate to waive any of the terms and provisions of this Declaration and/or the Dedicatory Instruments for any purpose except as to the particular provision hereof covered by the variance, nor shall it affect in any way the Owner's obligation to comply with all applicable governmental laws and regulations.

No granting of a variance shall be relied on by any Member or Owner, or any other person or entity (whether privy or party to the subject variance or not), as a precedent in

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ntal laws and regulations.

No granting of a variance shall be relied on by any Member or Owner, or any other person or entity (whether privy or party to the subject variance or not), as a precedent in requesting or assuming variance as to any other matter of potential or actual enforcement of any provision of this Declaration and/or the Dedicatory Instruments. The action of the Board in granting or denying a variance is a decision based expressly on one unique set of circumstances and need not be duplicated for any other request by any party or the same party for any reason whatsoever.

Notwithstanding anything contained herein to the contrary, during the Development Period, Declarant shall have the unilateral right to grant a variance of any of the covenants, conditions and restrictions contained in the Dedicatory Instruments so long as the variance is in keeping with the aesthetics of the Property.

46 RP-2021-396093 ARTICLE XIII.

LIMITATION OF LIABILITY NEITHER DECLARANT, THE ASSOCIATION, THE ARC, THE BOARD, NOR ANY OF THE RESPECTIVE OFFICERS, AGENTS, MANAGERS, PARTNERS, DIRECTORS, SUCCESSORS OR ASSIGNS OF THE FOREGOING, SHALL BE LIABLE IN DAMAGES OR OTHERWISE TO ANYONE WHO SUBMITS MATTERS FOR APPROVAL TO ANY OF THE AFOREMENTIONED PARTIES, OR TO ANY OWNER AFFECTED BY THIS DECLARATION BY REASON OF MISTAKE OF JUDGMENT, NEGLIGENCE, OR NONFEASANCE ARISING OUT OF OR IN CONNECTION WITH THE APPROVAL, DISAPPROVAL, OR FAILURE TO APPROVE OR DISAPPROVE OF ANY MATTERS REQUIRING APPROVAL HEREUNDER. APPROVAL BY THE ARC, THE BOARD, OR THE ASSOCIATION, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, MANAGERS, SUCCESSORS OR ASSIGNS, IS NOT INTENDED AS ANY KIND OF

EQUIRING APPROVAL HEREUNDER. APPROVAL BY THE ARC, THE BOARD, OR THE ASSOCIATION, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, MANAGERS, SUCCESSORS OR ASSIGNS, IS NOT INTENDED AS ANY KIND OF REPRESENTATION, WARRANTY OR GUARANTEE AS TO COMPLIANCE WITH LOCAL OR STATE LAWS OR THE INTEGRITY OR WORKABILITY OF THE PLANS NOR THE CONTRACTORS USED.

ARTICLE XIV.

ASSESSMENTS A. Creation of the Lien and Personal Obligation of Assessments The Owners of any Lot, by virtue of ownership of property within the Property, covenant and agree to pay to the Association all applicable assessments and any fines, penalties, interest and costs as more particularly set forth in this Declaration and any Supplemental Amendment, including, but not limited to, the following: 1.

Annual Assessment 2.

Special Assessment Capitalization Fee The Annual Assessment, Special Assessment, Capitalization Fee, and any other assessment or charge set forth in this Declaration or a Dedicatory Instrument (collectively the "Assessment”), together with attorney's fees, late fees, interest and costs shall be a charge and continuing lien in favor of the Association upon the Homesite and/or Lot against which each such Assessment is made. Each such Assessment, together with attorney's fees, late fees, interest and costs, shall also be the personal obligation of the person or entity who was the Owner of the land at the time when the Assessment became due. No diminution or abatement of Assessments or set-off shall be claimed or allowed by reason of any alleged failure of the Association or Board to take some action or to perform some function required to be taken or performed by the Association or the Board under this Declaration, or for

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ason of any alleged failure of the Association or Board to take some action or to perform some function required to be taken or performed by the Association or the Board under this Declaration, or for inconvenience or discomfort arising from the making of repairs or improvements which are the responsibility of the Association. The obligation to pay Assessments is a separate covenant on the part of each Owner of a Lot.

47 RP-2021-396093 B.

Annual Assessments 1. Purpose The Lots within the Property shall be subject to the "Annual Assessment”.

Annual Assessments levied by the Association shall be used for any legal purpose for the benefit of the Property as determined by the Board and, in particular, may, by way of example and not limitation or obligation, include maintenance, repair or improvement of any Common Area, Area of Common Responsibility, sidewalks, pathways, fountains, parkways, private streets and roads, entry gates installed as a controlled access system, boulevards, esplanades, setbacks and entryways, patrol service, street cleaning, street lighting, mosquito control, landscape architecture, greenbelts, fences or walls, regulatory signage or directional signage, signalization, special pavement markings, entrances and entrance monuments, public or private art or sculptures, other services as may be in the Property's and Owners' interest and all buildings, services, improvements and facilities deemed necessary or desirable by the Board in connection with the administration, management, control or operation of the Property. The Association may, in its sole discretion, give one or more of the purposes set forth herein preference over other purposes, and it is

ministration, management, control or operation of the Property. The Association may, in its sole discretion, give one or more of the purposes set forth herein preference over other purposes, and it is agreed that all expenses incurred and expenditures and decisions made by the Association in good faith shall be binding and conclusive on all Members. Parkways, fountains, private streets, roads, esplanades, setbacks and entryways that are not contained in any Common Area may be included in the Association's maintenance if, in the sole discretion of the Board, the maintenance of such areas benefits the Association's Members. Such share agreements for maintenance and improvement shall require the consent of a majority of the total number of directors of the Association. Additionally, Annual Assessments levied by the Association may be used, in the sole discretion of the Association, to pay the Association's fair allocation for costs related to the participation in any agreement with other property owners associations or with owners or operators of nearby property for the benefit of Association Members, such as to consolidate services, reduce costs, and provide consistency and economy of scale. Approval to enter such agreements shall require a majority vote of the Board, and the Board may act unilaterally to negotiate, execute, modify, or terminate such contractual arrangements.

Creation Payment of the Annual Assessment shall be the obligation of each Owner, subject to the provisions below, and shall constitute a lien on the Homesite, or Lot(s), binding and enforceable as provided in this Declaration.

Rate The initial Annual Assessment established by the Association shall not exceed $580.00 per Lot. The combining of two (2) or more Lots shall not forgive the

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able as provided in this Declaration.

Rate The initial Annual Assessment established by the Association shall not exceed $580.00 per Lot. The combining of two (2) or more Lots shall not forgive the obligation of the Owner(s) of such combined Lots to pay Annual Assessments on all Lots so combined. By way of example and not limitation, if two (2) Lots are combined to create one (1) Homesite, the Homesite shall be obligated to pay two (2) Annual Assessments. Declarant shall elect annually to pay the deficit between the total Copyright © 2021 by Roberts Markel Weinberg Butler Hailey PC, all rights reserved.

48 RP-2021-396093 approved operating budget for the year less the total amount due by Class A Members (the “Deficit”), or elect to pay Annual Assessments, so long as there is a Deficit, at the rate of fifty percent (50%) of the amount assessed Class A Members for each Lot it owns within the Property. Notwithstanding anything contained herein to the contrary, Declarant is hereby vested with the authority, without the obligation, to elect to pay the lesser of the options set forth in the previous sentence, even if the option selected results in Declarant owing nothing. Declarant's obligation to fund the Deficit shall automatically terminate without further action or consent by any party when Declarant no longer owns a Lot. Declarant is required to provide written notice to the Board each year by September 1st of its elected option. Failure to provide such notice will result in Declarant being billed in the manner of the last option taken by Declarant. If no option has ever been taken by Declarant, then Declarant shall be billed the difference between the total approved operating budget for the year less the total amount due by Class A Members.

ant. If no option has ever been taken by Declarant, then Declarant shall be billed the difference between the total approved operating budget for the year less the total amount due by Class A Members.

A Builder shall be responsible to pay fifty percent (50%) of the Annual Assessment of other Lot Owners for the period of time that the Builder owns a Lot.

Notwithstanding anything contained herein to the contrary, any Lot being used by Declarant as a model home or sales office Lot shall not be subject to any Assessments created herein. Upon conveyance of such model home or sales office Lot to a purchaser, said Lot shall thereafter be subject to all Assessments and charges provided for in this Declaration and as secured by the lien created herein.

Commencement For purposes of calculation, the initial Annual Assessment for a Lot shall commence on the date of closing. Annual Assessments shall be due in advance on January 1st for the coming year and shall be delinquent if not paid in full as of January 31st of each year.

Proration An Owner's initial Annual Assessment shall be made for the balance of the calendar year as determined on a pro-rata basis and shall become due and payable on the commencement date described above. The Annual Assessment for any year after the first year shall be due and payable on the first day of January. Any Owner who purchases a Lot or Lots after the first day of January in any year shall be personally responsible for a pro-rated Annual Assessment amount for that year.

Levying of the Assessment The Annual Assessment shall be levied at the sole discretion of the Board.

The Board shall determine the sufficiency or insufficiency of the then-current Annual Assessment to reasonably meet the expenses for providing services and

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levied at the sole discretion of the Board.

The Board shall determine the sufficiency or insufficiency of the then-current Annual Assessment to reasonably meet the expenses for providing services and capital improvements within the Property and may, at its sole discretion and without a vote by the Members, increase the Annual Assessment in an amount up to ten percent (10%) annually. The Annual Assessment may only be increased by more than ten percent (10%) annually if such increase is approved by Owners of a majority of the Lots present, in person or by proxy, at a meeting called for said Copyright © 2021 by Roberts Markel Weinberg Butler Hailey PC, all rights reserved.

49 RP-2021-396093 C.

purpose at which a quorum is present in person or by proxy. The Annual Assessment shall not be adjusted more than once in a calendar year nor shall any increase be construed to take effect retroactively, unless otherwise approved by Owners of a majority of the Lots subject to such Annual Assessments present at a meeting called for said purpose at which a quorum is present in person or by proxy.

Annual Assessments shall be paid in such manner and on such dates as the Board may establish, which may include discounts for early payment or similar time/price and method of payment differentials. The Board may require advance payment of Annual Assessments at closing of the transfer of title to a Lot and may impose special requirements for Owners with a history of delinquent payment.

The annexation of all or a portion of property adjoining the Property may result in the Board adjusting the rate of Annual Assessments to be charged to the annexed property such that the adjusted Annual Assessments may not be uniform

n of property adjoining the Property may result in the Board adjusting the rate of Annual Assessments to be charged to the annexed property such that the adjusted Annual Assessments may not be uniform with the Annual Assessments being charged to other Owners. The Board shall have the absolute discretion to determine any such adjustment on a case-by-case basis.

Special Assessment In addition to the Annual Assessment authorized above, the Association may levy a "Special Assessment” applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, modification, repair or replacement of a capital improvement in the Common Area or Area of Common Responsibility, or any unbudgeted expenses or expenses in excess of those budgeted, or any unusual, infrequent expenses benefiting the Association, provided that any such Special Assessment shall have the approval of both (i) the Owners of a majority of the Lots present at a meeting duly called for this purpose at which a quorum is present in person or by proxy, and (ii) the written approval of Declarant during the Development Period. Such Special Assessments will be due and payable as set forth in the resolution authorizing such Special Assessment and shall be levied only against those Owners subject to the Annual Assessment as set forth hereinabove and shall be prorated in accordance therewith. The Association, if it so chooses, may levy a Special Assessment against only those Lots benefited by or using the capital improvement for which the Special Assessment is being levied. Special Assessments shall be due upon presentment of an invoice, or copy thereof, for the same to the last-known address of the Owner. Declarant shall not be obligated to pay Special Assessments.

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. Special Assessments shall be due upon presentment of an invoice, or copy thereof, for the same to the last-known address of the Owner. Declarant shall not be obligated to pay Special Assessments.

Capitalization Fee Each person or entity (not including Builders) acquiring title to a Lot ("Grantee") within the Property hereby covenants and agrees to pay to the Association a capitalization fee, which shall be an amount equal to one hundred percent (100%) of the then-current Annual Assessment (the "Capitalization Fee"), unless otherwise determined by the Board.

Such Capitalization Fee shall be payable to the Association on the date of the transfer of title to a Lot and shall not be prorated. The Capitalization Fee shall be in addition to, not in lieu of, the Annual Assessment and shall not be considered an advance payment of such Annual Assessments. The payment of the Capitalization Fee shall be secured by the continuing lien set forth herein and shall be collected in the same manner as Assessments.

50 50 RP-2021-396093 The transferring Owner shall notify the Association's Secretary, or managing agent, of a pending title transfer at least seven (7) days prior to the transfer. Such notice shall include the name of the Grantee, the date of title transfer, and any other information as the Board may require. The Capitalization Fee may be used by the Association for any purpose, which in the Association's sole discretion is for the benefit of the Property, including the placement of such Capitalization Fee in a reserve account.

1. Exempt Transfers. Notwithstanding the above, a Capitalization Fee will not be levied upon the transfer of title to a Lot: a.

to Declarant;

placement of such Capitalization Fee in a reserve account.

1. Exempt Transfers. Notwithstanding the above, a Capitalization Fee will not be levied upon the transfer of title to a Lot: a.

to Declarant; b. by a co-Owner to a person who was a co-Owner immediately prior to such transfer; C.

to the Owner's estate, trust, surviving spouse, or child; d. to any entity wholly owned by Declarant; provided, upon any subsequent transfer of an ownership interest in such entity, the Capitalization Fee shall become due; e.

to the Association; or E.

f. by the Association.

Collection and Remedies for Assessments 1.

The Assessments provided for in this Declaration, together with attorneys' fees, interest, late fees and costs as necessary for collection, shall be a charge on and a continuing lien upon the land in favor of the Association against which each such Assessment is made. Each such Assessment, together with attorney's fees, interest, late fees, and costs, shall also be the personal obligation of the Owner of the Lot at the time the Assessment became due.

2. Any Assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the lesser of (a) eighteen percent (18%) or (b) the maximum non-usurious rate of interest. No Owner may waive or otherwise escape liability for the Assessments provided for in this Declaration by reason of non-use or abandonment.

3. In order to secure the payment of the Assessments hereby levied, a lien is hereby created in favor of the Association and shall run with title to each Lot within the Property, which lien may be foreclosed upon by the Association pursuant to the laws of the State of Texas. Each Owner grants a power of sale to the Association to

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run with title to each Lot within the Property, which lien may be foreclosed upon by the Association pursuant to the laws of the State of Texas. Each Owner grants a power of sale to the Association to sell such property upon default in payment by any amount owed. Alternatively, the Association may judicially foreclose the lien or maintain an action at law to collect the amount owed.

51 RP-2021-396093 F.

4. The President of the Association, or his or her designee, is hereby appointed trustee to exercise the Association's power of sale. The trustee shall not incur any personal liability hereunder except for his or her own willful misconduct.

5. Although no further action is required to create or perfect the lien, the Association may, as further evidence of the lien, give notice of the lien by executing and recording a document setting forth notice that delinquent sums are due the Association at the time such document is executed and the fact that a lien exists to secure the repayment thereof. The failure of the Association to execute and record any such document shall not, to any extent, affect the validity, enforceability, or priority of the lien. If required by law, the Association shall also give notice and an opportunity to cure the delinquency to any holder of a lien that is inferior or subordinate to the Association's lien, pursuant to Section 209.0091 of the Texas Property Code, or its successor statute.

In the event the Association has determined to foreclose its lien as provided herein, and to exercise the power of sale hereby granted, such foreclosure shall be accomplished pursuant to the requirements of Sections 209.0091 and 209.0092 of the

to foreclose its lien as provided herein, and to exercise the power of sale hereby granted, such foreclosure shall be accomplished pursuant to the requirements of Sections 209.0091 and 209.0092 of the Texas Property Code by first obtaining a court order in an application for expedited foreclosure under the rules adopted by the Supreme Court of Texas.

Notwithstanding anything contained herein to the contrary, in the event that the laws of the State of Texas are changed to no longer require a court order in an application for expedited foreclosure, the Association may pursue foreclosure of its lien via any method established herein, including, but not limited to, nonjudicial foreclosure, as may be permitted by the then-current law, without the necessity of amending this Declaration.

7. At any foreclosure proceeding, any person or entity, including, but not limited to, Declarant, the Association or any Owner, shall have the right to bid for such Lot at the foreclosure sale and to acquire and hold, lease, mortgage and convey the same. During the period such foreclosed Lot is owned by the Association following foreclosure, (1) no right to vote shall be exercised on its behalf; and (2) no Assessment shall be levied on it. Out of the proceeds of such sale, there shall be paid first all expenses incurred by the Association in connection with such default, including attorney's fees and trustee's fees; second, from such proceeds there shall be paid to the Association an amount equal to the amount of Assessments in default inclusive of interest, late charges and attorneys' fees; and, third, the remaining balance, if any, shall be paid to such Owner. Following any such foreclosure, each Occupant of any such Lot foreclosed on and each Occupant of any improvements

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torneys' fees; and, third, the remaining balance, if any, shall be paid to such Owner. Following any such foreclosure, each Occupant of any such Lot foreclosed on and each Occupant of any improvements thereon shall be deemed to be a tenant-at-sufferance and may be removed from possession by any lawful means.

Subordination of the Lien to Purchase Money Mortgages The lien for Assessments, including interest, late charges, costs and attorney's fees, provided for herein shall be subordinate to the lien of any purchase money mortgage (including any renewal, extension, rearrangement or refinancing thereof) on any Lot or Homesite. The sale or transfer of any Lot or Homesite shall not affect the lien. The sale or transfer shall not relieve such Lot or Homesite from lien rights for any Assessments Copyright © 2021 by Roberts Markel Weinberg Butler Hailey PC, all rights reserved.

52 52 RP-2021-396093 thereafter becoming due. Where the mortgagee holding a purchase money mortgage of record or other purchaser of a Lot or Homesite obtains title pursuant to foreclosure of the mortgage, it shall not be liable for the share of the Assessments or other charges by the Association chargeable to such Lot or Homesite that became due prior to such acquisition of title; however, from the date of foreclosure forward, such Assessments shall again accrue and be payable to the Association.

Notice of Delinquency When the Association or its agent or designee gives a written notice of the Assessment to any Owner who has not paid an Assessment that is due under this Declaration, such notice will be mailed to the Owner's last known address. The address of the Lot or Homesite shall be presumed to be the address for proper notice unless written

hat is due under this Declaration, such notice will be mailed to the Owner's last known address. The address of the Lot or Homesite shall be presumed to be the address for proper notice unless written notice of another address has been provided by the Owner to the Association.

ARTICLE XV.

MODIFICATION AND TERMINATION OF COVENANTS Notwithstanding anything contained in this Declaration to the contrary, in the event this Declaration, or a Supplemental Amendment, is amended and restated in the future, such amendment and restatement shall not affect or disturb the lien created herein or any annexation accomplished by the Supplemental Amendment, which lien and annexation shall continue to be in full force and effect from the date this Declaration and the Supplemental Amendment were recorded.

Amendment by Declarant In addition to specific amendment rights granted elsewhere in this Declaration, until termination of the Development Period, Declarant may unilaterally amend this Declaration and any Supplemental Amendment for any purpose; provided, however, any such amendment shall not adversely affect the title to any Lots or Homesites unless the Owner shall consent thereto in writing.

After the expiration of the Development Period, Declarant may unilaterally amend this Declaration and any Supplemental Amendment at any time without the joinder or consent of any Owner, entity, Lender or other person if such amendment is (a) necessary to bring any provision hereof into compliance with any applicable governmental statute, rule or regulation, or judicial determination; (b) necessary to enable any reputable title insurance company to issue title insurance coverage on Lots and Homesites; (c) required by

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ernmental statute, rule or regulation, or judicial determination; (b) necessary to enable any reputable title insurance company to issue title insurance coverage on Lots and Homesites; (c) required by an institutional or governmental lender or purchaser of mortgage loans, including, for example, the Federal National Mortgage Association or Federal Home Loan Mortgage Corporation, to enable such lender or purchaser to make or purchase mortgage loans on the Lots or Homesites; (d) necessary to enable any governmental agency or reputable private insurance company to insure mortgage loans on Lots or Homesites; or (e) for the purpose of clarifying or resolving any ambiguities or conflicts herein or in any Supplemental Amendment, or for correcting any inadvertent misstatements, errors or omissions herein or in any Supplemental Amendment; provided, however, any such amendment shall not adversely affect the title to any Lots or Homesites unless the Owner shall consent thereto in writing.

53 30 RP-2021-396093 Any amendment to the Declaration or a Supplemental Amendment made by Declarant shall be recorded in the Official Public Records of Harris County, Texas, whereupon, to the extent of any conflict with this Declaration or Supplemental Amendment and any amendment thereto, the amendment will control.

Any amendment made by Declarant shall become effective upon recording unless otherwise specified in the amendment.

Amendment by Owners During the Development Period, this Declaration and any Supplemental Amendment may be amended, modified or terminated by the approval of Owners of a majority of the Lots and the written consent of Declarant. After the termination of the

Declaration and any Supplemental Amendment may be amended, modified or terminated by the approval of Owners of a majority of the Lots and the written consent of Declarant. After the termination of the Development Period, approval by the Owners of a majority of the Lots shall be required to amend, modify or terminate this Declaration and any Supplemental Amendment; provided, however, any such amendment must be approved in writing by the Association. Upon approval of the Owners of said amended declaration or amended supplemental amendment as set out above (as evidenced by the President's or Vice-President's signature), the amended declaration or amended supplemental amendment shall be recorded in the Official Public Records of Harris County, Texas, whereupon, to the extent of any conflict with this Declaration or Supplemental Amendment and any amendment thereto, the amendment will control. For purposes of this Section, the approval of multiple Owners of a Lot may be reflected by the signature of any one (1) Owner of such Lot.

Notwithstanding anything contained herein to the contrary, the Association shall be entitled to use any combination of the following methods to obtain approval of the Owners for an amendment to the Declaration and any Supplemental Amendment: 1.

Written ballot, or electronic ballot as same may be established by the Board, that states the substance of the amendment and specifies the date by which a written or electronic ballot must be received to be counted; A meeting of the Members of the Association, if written notice of the meeting stating the purpose of the meeting is delivered to the Owners of the Lots; such notice may be hand-delivered to the Owners, sent via regular mail to the

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e Association, if written notice of the meeting stating the purpose of the meeting is delivered to the Owners of the Lots; such notice may be hand-delivered to the Owners, sent via regular mail to the Owner's last known mailing address as reflected in the Association's records, or sent via email to the Owner's email address as reflected in the Association's records; Door-to-door circulation of a petition by the Association or a person authorized by the Association; and/or Any other method permitted under this Declaration or applicable law.

Any limitation of amendment to the Declaration and any Supplemental Amendment related to said Property shall not limit the rights of Declarant pertaining to the Declaration and any Supplemental Amendment as otherwise herein reserved. Particularly reserved to Declarant, is the right and privilege of Declarant to designate the use and architectural restrictions applicable to any portion of the Property, as provided herein; and such Copyright © 2021 by Roberts Markel Weinberg Butler Hailey PC, all rights reserved.

54 RP-2021-396093 designation, or subsequent change of designation, shall not be deemed to adversely affect any substantive right of any existing Owner.

ARTICLE XVI.

ALTERNATE DISPUTE RESOLUTION It is the intent of the Association and Declarant to encourage the amicable resolution of disputes involving the Property and to avoid the emotional and financial costs of litigation, if at all possible. Accordingly, the following dispute resolution procedures control and attempt to resolve all claims, grievances or disputes involving the Property, including, without limitation, claims grievances or disputes arising out of or relating to the interpretation, application or enforcement of the Dedicatory Instruments.

A. Dispute Resolution

Property, including, without limitation, claims grievances or disputes arising out of or relating to the interpretation, application or enforcement of the Dedicatory Instruments.

A. Dispute Resolution No dispute between any of the following entities or individuals shall be commenced until the parties have submitted to non-binding mediation: Owners; Members; the Board; officers in the Association; or the Association. Provided, however, the Board has discretion to determine whether the Association will participate in the dispute resolution procedures set forth herein regarding claims made by the Association and/or enforcement of the Dedicatory Instruments.

Disputes between Owners that are not regulated by the Declaration shall not be subject to the dispute resolution process.

B. Outside Mediator In a dispute between any of the above entities or individuals, the parties must voluntarily submit to the following mediation procedures before commencing any judicial or administrative proceeding. Each party will represent himself/herself individually or through an agent or representative or may be represented by counsel. The dispute will be brought before a mutually selected mediator. Such mediator will either be an attorneymediator skilled in community association law, a Professional Community Association Manager as certified by the Community Associations Institute, or a Certified Property Manager as certified by the Institute of Real Estate Managers. In order to be eligible to mediate a dispute under this provision, a Mediator may not reside in the Property, work for any of the parties, represent any of the parties, or have any conflict of interest with any of the parties. Costs for such mediator shall be shared equally by the parties. If the parties

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rty, work for any of the parties, represent any of the parties, or have any conflict of interest with any of the parties. Costs for such mediator shall be shared equally by the parties. If the parties cannot mutually agree upon the selection of a mediator after reasonable efforts (not more than thirty (30) days), each party shall select their own mediator and a third will be appointed by the two selected mediators. If this selection method must be used, each party will pay the costs of their selected mediator and will share equally the costs of the third appointed mediator.

Mediation is Not a Waiver By agreeing to use this Dispute Resolution process, the parties in no way waive their rights to extraordinary relief including, but not limited to, temporary restraining orders or temporary injunctions, if such relief is necessary to protect or preserve a party's legal rights before a mediation may be scheduled.

55 RP-2021-396093 D.

Assessment Collection and Lien Foreclosure The provisions of this Declaration dealing with Alternate Dispute Resolution shall not apply to the collection of Assessments and/or the foreclosure of the lien by the Association as set out in the Declaration.

E. Term This Article shall be in full force and effect during the Development Period.

Thereafter, this Article shall remain in full force and effect unless, at the first open meeting of the Association after such initial period, a majority of the Board votes to terminate the provisions of this Article.

Severability ARTICLE XVII. GENERAL PROVISIONS The invalidity of any one or more of the provisions of this Declaration shall not affect the validity of the other provisions thereof.

Compliance with Laws

Pages 56–57

rability ARTICLE XVII. GENERAL PROVISIONS The invalidity of any one or more of the provisions of this Declaration shall not affect the validity of the other provisions thereof.

Compliance with Laws At all times, each Owner shall comply with all applicable federal, state, county, and municipal laws, ordinances, rules, and regulations with respect to the use, occupancy, and condition of the Homesite and any improvements thereon. If any provision contained in this Declaration or any supplemental declaration or amendment is found to violate any law, then the provision shall be interpreted to be as restrictive as possible to preserve as much of the original provision as allowed by law.

Gender and Number The singular, wherever used herein, shall be construed to mean or include the plural when applicable, and the necessary grammatical changes required to make the provisions hereof applicable either to corporations (or other entities) or individuals, male or female, shall in all cases be assumed as though in each case fully expressed.

Headlines The titles and captions for this Declaration and the sections contained herein are for convenience only and shall not be used to construe, interpret, or limit the meaning of any term or provision contained in this Declaration.

Governing Law The provisions in this Declaration shall be governed by and enforced in accordance with the laws of the State of Texas, and mandatory venue shall be in Harris County, Texas.

Any and all obligations performable hereunder are to be performed in Harris County, Texas.

56 50 RP-2021-396093 F.

Fines for Violations The Association may assess fines for violations of the Dedicatory Instruments, other

56 50 RP-2021-396093 F.

Fines for Violations The Association may assess fines for violations of the Dedicatory Instruments, other than non-payment or delinquency in Assessments, in amounts to be set by the Board, which fines shall be secured by the continuing lien set out in this Declaration.

Books and Records The books, records and papers of the Association shall, upon written request and by appointment, during normal business hours, be subject to inspection by any Member, pursuant to a Records Production and Copying Policy adopted by the Association.

H. Notices Any notice required to be sent to any Owner under the provisions of this Declaration shall be deemed to have been properly sent when mailed, postage prepaid, to the last known address of the person who appears as Owner on the records of the Association at the time of such mailing.

Mergers Upon a merger or consolidation of the Association with another association, as provided in its Certificate of Formation, the Association's properties, assets, rights and obligations may be transferred to another surviving or consolidated association or, alternatively, the properties, assets, rights and obligations of another association may be transferred to the Association as a surviving corporation or to a like organization or governmental agency. The surviving or consolidated association shall administer any restrictions together with any Declarations of Covenants, Conditions and Restrictions governing these and any other properties, under one administration. No such merger or consolidation shall cause any revocation, change or addition to this Declaration.

Current Address and Occupants

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governing these and any other properties, under one administration. No such merger or consolidation shall cause any revocation, change or addition to this Declaration.

Current Address and Occupants Owners are required to notify the Association in writing of their current address if other than the physical address of their Lot or Homesite at all times. If an Owner fails to notify the Association of his/her current address, the Association shall use the address of the Lot or Homesite as the current address. If an Owner leases the property, he shall supply the name of the Occupant present upon the execution of any lease.

Security NEITHER THE ASSOCIATION, ITS DIRECTORS, OFFICERS, MANAGERS, AGENTS, OR EMPLOYEES, NOR DECLARANT, NOR ANY SUCCESSOR DECLARANT SHALL IN ANY WAY BE CONSIDERED AN INSURER OR GUARANTOR OF SECURITY WITHIN THE PROPERTY. NEITHER SHALL THE ASSOCIATION, ITS DIRECTORS, OFFICERS, MANAGERS, AGENTS, OR EMPLOYEES, DECLARANT OR SUCCESSOR DECLARANT BE HELD LIABLE FOR ANY LOSS OR DAMAGE BY REASON OF FAILURE TO PROVIDE ADEQUATE SECURITY OR INEFFECTIVENESS OF SECURITY MEASURES UNDERTAKEN. ALL OWNERS AND OCCUPANTS OF ANY LOT, AS APPLICABLE, ACKNOWLEDGE THAT THE ASSOCIATION, ITS BOARD OF Copyright © 2021 by Roberts Markel Weinberg Butler Hailey PC, all rights reserved.

57 RP-2021-396093 DIRECTORS, OFFICERS, MANAGERS, AGENTS, OR EMPLOYEES, DECLARANT OR ANY SUCCESSOR DECLARANT DO NOT REPRESENT OR WARRANT THAT ANY FIRE PROTECTION OR BURGLAR ALARM SYSTEMS OR OTHER SECURITY SYSTEMS WILL PREVENT LOSS BY FIRE, SMOKE, BURGLARY, THEFT, HOLD-UP OR OTHERWISE, NOR THAT FIRE PROTECTION OR BURGLAR ALARM SYSTEMS OR OTHER SECURITY SYSTEMS WILL IN ALL CASES PROVIDE THE DETECTION OR PROTECTION FOR WHICH THE SYSTEM IS DESIGNED OR INTENDED. EACH

LD-UP OR OTHERWISE, NOR THAT FIRE PROTECTION OR BURGLAR ALARM SYSTEMS OR OTHER SECURITY SYSTEMS WILL IN ALL CASES PROVIDE THE DETECTION OR PROTECTION FOR WHICH THE SYSTEM IS DESIGNED OR INTENDED. EACH OWNER AND OCCUPANT OF ANY LOT, AS APPLICABLE, ACKNOWLEDGES AND UNDERSTANDS THAT THE ASSOCIATION, ITS DIRECTORS, OFFICERS, MANAGERS, AGENTS, OR EMPLOYEES, DECLARANT OR ANY SUCCESSOR DECLARANT ARE NOT INSURERS AND THAT EACH OWNER AND OCCUPANT OF ANY DWELLING, OR OWNER OR USER OF AN IMPROVEMENT, ASSUMES ALL RISKS FOR LOSS OR DAMAGE ΤΟ PERSONS, TO DWELLINGS AND IMPROVEMENTS AND TO THE CONTENTS OF DWELLINGS AND IMPROVEMENTS AND FURTHER ACKNOWLEDGES THAT THE ASSOCIATION, ITS DIRECTORS, OFFICERS, MANAGERS, AGENTS, OR EMPLOYEES, DECLARANT OR ANY SUCCESSOR DECLARANT HAVE MADE NO REPRESENTATIONS OR WARRANTIES NOR HAS ANY OWNER OR OCCUPANT RELIED UPON ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, RELATIVE TO ANY FIRE AND/OR BURGLAR ALARM SYSTEMS OR OTHER SECURITY SYSTEMS RECOMMENDED OR INSTALLED OR ANY SECURITY MEASURES UNDERTAKEN WITHIN THE PROPERTY.

View Impairment Neither Declarant nor the Association guarantee or represent that any view over and across the Lots, Common Areas, Areas of Common Responsibility, reserves or open space within the Property will be preserved without impairment. The Declarant and the Association shall have no obligation to relocate, prune, or thin trees or shrubs or other landscaping. The Association has the right, without the obligation, to relocate, prune, thin, or add trees and other landscaping or improvements to the Common Area. There shall be no express or implied easements for view purposes or for the passage of light and air. No

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o relocate, prune, thin, or add trees and other landscaping or improvements to the Common Area. There shall be no express or implied easements for view purposes or for the passage of light and air. No Owner has the right to object to the construction of improvements on any adjacent or nearby Lot, Area of Common Responsibility or Common Area based on the impact of such improvements on the Owner's view.

M. Video, Data and Communication Service Agreements Subject to the approval of Declarant during the Development Period, the Association has or may hereafter enter into an agreement with a service provider for the provision of cable television, data and/or other communication services in order to obtain access to benefits and services for the benefit of Owners and Dwellings located within the Property.

Payment for services and benefits provided pursuant to video, data and/or communication service agreements executed pursuant to this provision will be made from Assessments levied and collected by the Association pursuant to the authority granted herein, and such Assessments shall be supported by the lien created herein. While Owners are free to obtain the same or similar services from a provider of their choice, no Owner may avoid paying any portion of Assessments levied based on non-use of video, data or communication Copyright © 2021 by Roberts Markel Weinberg Butler Hailey PC, all rights reserved.

58 RP-2021-396093 services provided and paid for by the Association with Assessments.

Occupants Bound All provisions of the Dedicatory Instruments applicable to the Property and to Owners shall also apply to all Occupants of any Lot or Dwelling. Every Owner shall cause all Occupants to comply with the foregoing, and every Owner shall be responsible for all

to the Property and to Owners shall also apply to all Occupants of any Lot or Dwelling. Every Owner shall cause all Occupants to comply with the foregoing, and every Owner shall be responsible for all violations, losses, or damages caused by an Occupant, notwithstanding the fact that such Occupant is jointly and severally liable and may be sanctioned for any violation. In addition to all other remedies available to the Association in the event of a violation by an Occupant, the Association may require that the Occupant be removed from and not be allowed to return to the Property and/or that any lease, agreement or permission given allowing the Occupant to be present be terminated.

Transfer of Title and Resale Certificate 1. Transfer of Title: Any Owner, other than Declarant, desiring to sell or otherwise transfer title to his or her Lot shall give the Board at least seven (7) days prior written notice of the name and address of the purchaser or transferee, the date of such transfer of title, and such other information as the Board may reasonably require. The person, other than Declarant, transferring title shall continue to be jointly and severally responsible with the person accepting title for all obligations of the Owner, including Assessment obligations, until the date upon which the Board receives such notice, notwithstanding the transfer of title.

Upon acceptance of title to a Lot, the new Owner of the Lot (excluding Builders) shall pay to the Association an administrative transfer fee to cover the administrative expenses associated with updating the Association's records, which transfer fee is supported by the lien created herein. Such fees shall be in such amount as the Board may

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to cover the administrative expenses associated with updating the Association's records, which transfer fee is supported by the lien created herein. Such fees shall be in such amount as the Board may reasonably determine necessary to cover its costs, including but not limited to, fees charged by a management company retained by the Association for updating its records.

2. Resale Certificate: No Owner, other than Declarant, shall transfer title to a Lot, together with the improvements thereon unless and until he or she has requested and obtained a resale certificate signed by a representative of the Association as described in Chapter 207 of the Texas Property Code, or its successor statute ("Resale Certificate") indicating, in addition to all other matters described in Chapter 207, the information required in Section 5.012 of the Texas Property Code.

In accordance with Chapter 207 of the Texas Property Code, as same may be amended from time to time, the Association may charge a reasonable fee to prepare, assemble, copy, and deliver a Resale Certificate and accompanying information and any update to a Resale Certificate, which charge is supported by the lien created herein; provided, however, Builders shall not be required to pay such fee.

Trademark Declarant is the prior and exclusive owner and proprietor of, and reserves all rights with respect to, the trademark for Rosehill Meadow ("Trademark"). Unless and until a Copyright © 2021 by Roberts Markel Weinberg Butler Hailey PC, all rights reserved.

59 RP-2021-396093 written license agreement has been sought and obtained from Declarant (and in this connection Declarant may withhold consent in its sole and absolute discretion), no person or

erved.

59 RP-2021-396093 written license agreement has been sought and obtained from Declarant (and in this connection Declarant may withhold consent in its sole and absolute discretion), no person or entity may at any time and/or for any reason whatsoever, use, depict, draw, demonstrate, reproduce, infringe, copy or resemble, directly or indirectly, the Trademark.

Notwithstanding anything contained herein to the contrary, Declarant hereby specifically grants to the Association, a residential non-profit association which may hereafter be formed, or a non-profit master association which may hereafter be formed with jurisdiction over the Property (each such non-profit corporation hereinafter referred to as an "Authorized User"), the right to use the Trademark on a limited basis in the administration, consistent with the Dedicatory Instruments of the Property, and the enforcement of restrictive covenants encumbering the real property located within the Property located in Harris County, Texas. The right to use the Trademark may continue for so long as an Authorized User (i) operates as a Texas non-profit corporation in conformance with its Dedicatory Instruments and pursuant to its purpose; and (ii) does not engage in the development and/or sale of real property within the Property.

Water Management Each Owner acknowledges and agrees that some or all of the water features, which may include, but are not limited to, rivers, bayous, ponds, streams, creeks, lakes and/or any wetlands in or in close proximity to the Property, may be designed as water management areas and are not designed solely as aesthetic features. Due to fluctuations in water elevations within the immediate area and as a result of natural events such as hurricanes

gned as water management areas and are not designed solely as aesthetic features. Due to fluctuations in water elevations within the immediate area and as a result of natural events such as hurricanes or tropical storms, water levels will rise and fall. Each Owner further acknowledges and agrees that neither the Association nor Declarant has, and neither is obligated to, exert control over such elevations. Each Owner agrees to, by purchase of a Lot, release and discharge Declarant and the Association from and against any and all losses, claims, damages (compensatory, consequential, punitive or otherwise), injuries or deaths, and expenses of whatever nature or kind, including, without limitation, legal costs related to or arising out of any claim relating to such fluctuations in water elevations. Owners may not alter, modify, expand, fill or otherwise adversely affect any water features, wetlands or waterways located within or in the vicinity of the Property without the prior written approval of the authorities as may have relevant jurisdiction over such matters.

Master Plan "Master Plan" means the land use plan for the development of Rosehill Meadow, if any, prepared by or at the request of Declarant, as it may be amended by Declarant in its sole and absolute discretion, from time to time, which plan includes the Property encumbered by this Declaration. The Association is not a party to Declarant's Master Plan and has no authority regarding Declarant's land use decisions. Said Master Plan may include all, none, or a portion of property owned by Declarant, which Declarant may, without obligation, from time to time subject to this Declaration by a subsequently recorded written document. Inclusion of property on the Master Plan shall not, under any

Pages 61–62

arant, which Declarant may, without obligation, from time to time subject to this Declaration by a subsequently recorded written document. Inclusion of property on the Master Plan shall not, under any circumstances, obligate Declarant to subject such property to this Declaration, nor shall the exclusion of property owned by Declarant from the Master Plan bar its later annexation in accordance with this Declaration. Additionally, any use indicated on the Master Plan is tentative and subject to change by Declarant without notice to the Owners.

60 60 RP-2021-396093 IN WITNESS WHEREOF, the undersigned Declarant has executed this Declaration this 8th day of July 2021.

DECLARANT: DECKER PRAIRIE ROSEHILL DEVELOPMENT LTD., a Texas limited partnership By: DECKER PRAIRIE ROSEHILL GP INC, a Texas corporation, its General Partner By: Ahmet Ozan, President STATE OF TEXAS essesses COUNTY OF HARRIS $ BEFORE ME, the undersigned authority, on this day personally appeared Ahmet Ozan, the President of DECKER PRAIRIE ROSEHILL GP INC, the General Partner of DECKER PRAIRIE ROSEHILL DEVELOPMENT LTD., a Texas limited partnership, known by me to be the person whose name is subscribed to this instrument, and acknowledged to me that he executed the same for the purposes herein expressed and in the capacity herein expressed.

2021.

GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 8th day of July STARY OF PUBLIC TEX REBECCA DE LA GARZA Notary Public, State of Texas Comm. Expires 10-02-2022 Notary ID 7455023 z Notary Public - State of Texas Copyright © 2021 by Roberts Markel Weinberg Butler Hailey PC, all rights reserved.

61 RP-2021-396093 LIENHOLDER CONSENT AND SUBORDINATION Texas limited

61 RP-2021-396093 LIENHOLDER CONSENT AND SUBORDINATION Texas limited First Continental InvesTMENT CO.LTDa Partnership being the sole beneficiary of a mortgage lien and other liens, assignments and security interests encumbering all or a portion of the Property hereby consents to the terms and provisions of this Declaration to which this Lienholder Consent and Subordination is attached and acknowledges that the execution thereof does not constitute a default under the lien document or any other document executed in connection with or as security for the indebtedness above described, and subordinates the liens of the lien document and any other liens and/or security instruments securing said indebtedness to said Declaration (and the covenants, conditions and restrictions in this Declaration), and acknowledges and agrees that a foreclosure of said liens and/or security interests shall not extinguish this Declaration (or the covenants, conditions and restrictions in this Declaration). No warranties of title are hereby made by lienholder, lienholder's joinder herein being solely limited to such consent and subordination.

June 21 SIGNED AND EXECUTED THIS on STATE OF TEXAS COUNTY OF Harris 2021.

§ First Continental Investment Co., LTD.

By: Kathy Willis Print Name: Kathy Willis Title: Vice President June This instrument Vice President STARY E OF was 2021, LINDA DECARLO Notary Public, State of Texas Comm. Expires 01-18-2025 Notary ID 7796904 acknowledged before by me on the Rathy Willis 21 day of the of FIRST Continental Investment, on behalf of said entity.

Co. LTA.

Notary Public - State of Texas

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omm. Expires 01-18-2025 Notary ID 7796904 acknowledged before by me on the Rathy Willis 21 day of the of FIRST Continental Investment, on behalf of said entity.

Co. LTA.

62 29 RP-2021-396093 RP-2021-396093 # Pages 63 07/14/2021 11:00 AM e-Filed & e-Recorded in the Official Public Records of HARRIS COUNTY TENESHIA HUDSPETH COUNTY CLERK Fees $262.00 RECORDERS MEMORANDUM This instrument was received and recorded electronically and any blackouts, additions or changes were present at the time the instrument was filed and recorded.

Any provision herein which restricts the sale, rental use of the described real property because of color or race is invalid and unenforceable under federal law.

THE STATE OF TEXAS COUNTY OF HARRIS or I hereby certify that this instrument was FILED in File Number Sequence on the date and at the time stamped hereon by me; and was duly RECORDED in the Official Public Records of Real Property of Harris County, Texas.

COUNTY COURT OF * RRIS COUNTY eneshan Hudspeth COUNTY CLERK HARRIS COUNTY, TEXAS